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Tort Liability On The Housing Decoration Pollution

Posted on:2013-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:M LiFull Text:PDF
GTID:2231330371470987Subject:Law
Abstract/Summary:PDF Full Text Request
China’s Environmental Protection Act to make a variety of environmental disputes with the relevant legal provisions, these provisions on the basis of global, large areas of environmental pollution or ecological damage, usually refers to the outdoor environment pollution. With the development of social, environmental pollution is also a shift in the level of indoor environmental pollution has gradually than outdoor sources of pollution tend to be more diversified. Residential renovation, decoration material defects is the culprit for indoor pollution, but also gave rise to a major source of the disease. Housing decoration pollution is a special kind of environmental pollution, not only against people’s personal rights, property, and against the right of the indoor environment. In legislation, the relevant provisions of China’s housing decoration pollution is more general, thus resulting in the victim’s rights and interests of residential decoration pollution have not been protected. Solving this problem, through the imputation principles, elements and to assume their ways to analyze, trying to make effective recommendations on the principle of tort law damage caused by the housing decoration pollution. This article is divided into five parts, the first part is an overview of the housing decoration pollution tort liability, the definition of residential renovation pollution, characteristics and sources of pollution analysis defined the tort liability of the residential decoration pollution, and housing decoration pollution tort liability and the related responsibilities compared. The second part of the decoration from the residential pollution product liability point of view, two aspects of the composition of the housing decoration pollution, product liability and commitment, combined with the housing decoration pollution in real life, made the analysis of the specific responsibilities. The third part of the responsibility of environmental pollution from residential renovation perspective, composition and assume two aspects, combined with the housing decoration pollution, a detailed exposition. The fourth part of our tort liability on the housing decoration pollution legislation is summarized, summarizes the relevant legislation existing problems of China’s housing decoration pollution tort liability, including the Environmental Protection Act does not explicitly legal nature of the indoor environment, the spirit of damages low application rates, the lack of punitive compensation mechanism, and damages to the lack of social relief measures put forward specific measures to improve and solve these problems.
Keywords/Search Tags:Housing decoration pollution, infringement, environmental tort
PDF Full Text Request
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