Recognition Of The Facts Of Human Health Damage Caused By Soil Pollution

Throughout the civil legislation norms of most countries in the world,few countries have made legislative definitions of the concept of "damage",which makes the identification of "damage" difficult because of the lack of standards.This problem is particularly prominent in the field of environmental justice.At present,China's tort liability legislation only divides human health damage into physical health damage and mental health damage in a general and simple way.It neither follows the pace of medical development to further refine and supplement the known damage of modern science,nor can it formulate forward-looking legislative norms for the uncertain damage of modern science.At the same time,it fails to form a wide range of normative standards for identifying different types of damage facts at the legislative and judicial levels,which leads to the imperfection of the methods for identifying damage facts in judicial practice.There are no cases to identify potential damage and scientific uncertainty damage in China's judicial practice,but there are some foreign judicial practice experience for our reference.In order to effectively solve the problems of inaccurate identification of human health damage caused by the low degree of specialization of environmental justice,the high burden of proof of the infringed and the limited scientific and technological level of environmental damage identification in China's environmental judicial practice,this study was carried out.In the process of writing,I extensively consulted the relevant literature on the identification of human health damage facts,summarized and analyzed the methods of identification of damage facts at home and abroad.At the same time,combined with domestic and foreign judicial cases,from the cases to explore and abstract the judgment criteria and ideas of judicial judgments on various types of human health damage facts.In addition,using the theories,methods and achievements of environmental law,tort law,procedural law,environmental medicine,biological science and other disciplines,this paper conducts a comprehensive study on the identification criteria and judicial rules of human health damage caused by soil pollution in a multidisciplinary system.Through the research on this topic,in order to accurately identify the facts of humanhealth damage,(1)From the perspective of typification,the facts of human health damage caused by soil pollution can be divided into four types: the facts of dominant physical health damage,the facts of potential physical health damage,the facts of mental health damage and the facts of scientific uncertainty damage.(2)The people's court should implement the basic principles of objective identification,reasonable identification,scientific prudence and judicial efficiency to ensure the fairness,scientificity and efficiency of the conclusion.(3)The people's court may,in principle,use scientific evidence such as medical expert opinions as the basis for judgment in determining the facts of explicit physical health damage,but it should focus on examining the validity and reliability of scientific evidence,maintain a high degree of vigilance against scientific evidence,and avoid missing the opportunity to discover the true situation of the case due to unreasonable worship of science.(4)When identifying potential physiological health damage,the people's court should recognize the latent and inevitable characteristics of potential physiological health damage.Potential physiological health damage belongs to the scope of judicial remedies,and can be identified according to the strength of the relationship between soil pollution behavior and human health damage,the latent period of damage and the rationality of pathogenic mechanism.(5)When the people's court determines the facts of mental health damage,it can give full play to its discretion and reasonably determine the existence and compensation scope of the facts of mental health damage on the premise of identifying the existence of the facts of physical health damage and combining the extent and scope of the facts of physical health damage.(6)When the people's court determines the fact of damage caused by scientific uncertainty,the deterioration of the soil environment itself(threshold)can be used as an indicator of the degree of damage to human health.As long as the deterioration exceeds the threshold,the fact of damage can be identified.With the awakening of public environmental awareness in China,the degree of specialization of environmental justice will be more and more expected.In the future,environmental justice will be more and more standardized in identifying the facts of human health damage caused by soil pollution,and the methods of identifying various types of human health damage facts will be further improved.Although foreign legislation and judicial practice have provided reference opinions for environmental judicature todetermine the fact of human health damage,in order to ensure the expected effect of the above-mentioned methods,China should further enhance the level of environmental judicature professionalization,clarify the rules of acceptance of scientific evidence,implement the concept of eliminating dangers,improve the system of environmental damage identification,and establish the inclination of environmental judicature.Protection mechanism,implementation of supporting prosecution system,through the joint efforts of various supporting systems to enhance the impartiality and scientificity of environmental judicial decisions in China.