Research On Legal Problems Of Indoor Decoration Pollution

With the improvement of people's requirements for comfort and aesthetics,decoration is becoming more and more popular.However,due to the driving of interests and the lack of effective supervision in the decoration market,the disputes of interior decoration pollution have been increasing year by year in recent,which is very serious.Indoor decoration pollution does great harm to the health of people living in it.As a new type of pollution,there is no special laws and regulations in China to regulate it.In practice,judges mainly deal with cases of decoration pollution according to breach of contract liability and product liability.However,.the above remedies both have advantages and disadvantages mainly in the aspects of the burden of proof and the scope of compensation.It's often very difficult to achieve results satisfying the victim via the above remedies.The most favorable remedy for victims is the application of the relevant provisions on environmental pollution liability in the Tort Liability Law.Whether the relevant provisions of environmental pollution liability in the Tort Liability Law can be used to succour victims is controversial both in theory and practice.In practice,the proportion of judges applying the relevant provisions of environmental pollution responsibility to resolve those lawsuits is very small.However,whether from the perspective of legal interpretation or from the perspective of the definition of environment,the indoor environment belongs to the scope of the environment protected by the Environmental Protection Law.Therefore,the decoration pollution is environmental pollution and may refer to the provisions of the Tort Liability Law regarding environmental pollution responsibility.Applying environmental pollution liability to deal with such disputes can balance the unequal status of the victim and the infringer in reality.In order to better solve the escalating pollution disputes in practice,China should formulate a special indoor environmental pollution prevention and control law,strengthen the quality supervision of the decoration products and promulgate judicial interpretations to clarify that decoration pollution may apply to the relevant provisions of environmental pollution liability as well as introducing environmental pollution liability insurance system.