Research On Compensation For Spiritual Damage In Environmental Tort

The construction of ecological civilization is one of the key points emphasized by the country.The ecological environment has also attracted people’s attention.At the same time,with the improvement of living standards and quality,individuals have gradually placed their focus on the spiritual level of demand.The requirements are getting higher and higher.The negative effects brought about by economic development have also emerged and are still expanding.Issues such as leakage of corporate pollutants,construction noise of real estate companies,and sewage emissions from self-employed households are not uncommon in daily life.This gives people living in the surrounding areas bringing physical and mental impact,then one way to remedy such environmental torts is to apply for compensation for mental damage.This article discusses the problem of compensation for spiritual damages caused by environmental torts,and combines three cases to analyze it.The main contents are divided into the following three parts:The first part is to briefly introduce the three cases and extract the controversial focus of the three cases,and then analyze the three cases to elicit three problems in which the cases coexist:(1)The legal basis for compensation for mental damage in environmental infringement whether it is perfect;(2)How to determine the "serious consequences" in the relevant provisions on compensation for mental damage in environmental infringement;(3)How to determine the compensation standard for mental damage in judicial practice.The second part,which is the most important part of this article,is a legal analysis of the three problems raised in the first part,combined with academic principles and cases.This part first introduces the particularity of environmental infringement,the types of mental damage caused by environmental infringement and the necessity of compensation,and then sorts out the legal provisions related to mental damage compensation,introduces related concepts of environmental rights,and discusses environmental rights and personality rights afterwards,based on the existing laws and regulations,a legal analysis of the above three issues will be made in conjunction with the case.The third part,which is the summary and recommendations of the above analysis,draws the following three conclusions:(1)The compensation for pure mental damage in environmental tort cases lacks a clear legal basis;(2)The criteria and scope of "serious consequences" are too vague;(3)The imperfection of China ’s mental damage compensation standards has resulted in judicial practice negative effect.Then three suggestions were proposed accordingly:(1)Legislation and environmental rights should be included in the provisions of personality rights as soon as possible;(2)Legislative and judicial aspects to improve the determination of "serious consequences";(3)Reference to the spirit of foreign damage compensation standards and improve China’s compensation standards in light of China’s actual situation.