Study On Tort Litigation Cases Of Atmospheric Environmental Pollution

In the context of building a "beautiful China",the protection of the ecological environment is extremely important.The prevention and control of atmospheric pollution is an important part of protecting the ecological environment,and it is imperative to win the battle to defend the blue sky.However,judging from the outstanding problems between economic growth and environmental resource protection in recent years,the legal system of environmental damage relief is still at a certain disadvantage.Especially at the national level,great importance is attached to the prevention and control of air pollution.The air pollution victims have increasing demands on the quality and efficiency of trial cases,and the system of remedies for air pollution infringement lawsuits should be widely paid attention to by the whole society.The first part introduces the relevant concepts and theories of air pollution tort litigation.First of all,as a special way of infringement,the concept and characteristics of air pollution infringement are briefly summarized.Secondly,it introduces the connotation and significance of air pollution infringement litigation.Thirdly,it analyzes the constituent elements of air pollution tort litigation and the relevant theories of the burden of proof.The second part is to analyze the air pollution infringement litigation cases,sort out 126 cases of air pollution infringement disputes,and summarize the cases according to the subject of the air pollution infringement litigation,the time and area of occurrence,the result of the litigation,and the way of liability.The third part,based on the sorting out of the cases of air pollution infringement litigation,summarizes the problems of the current air pollution infringement litigation in China,such as the inconsistent identification of the opinions of the loss appraisal agency,the unclear allocation of the burden of proof for the causal relationship,the different standards of proof for the causal relationship,the same choice of the way of responsibility,and the different ways of settling such cases.The fourth part introduces the legislative practice of air pollution tort litigation in typical countries outside the region.This part summarizes the experience of Germany on the relevant proof and causality proof,and the experience of the United States on the reasonable application of punitive damages system,and provides reference for the introduction of relevant proof,causality and punitive damages in China’s air pollution tort litigation.The fifth part puts forward countermeasures and suggestions to adapt to the current judicial practice.First,put forward the differentiated suggestions of the qualified loss appraisal institution to recognize the opinions of the loss appraisal institution to prevent multiple appraisal;Second,for the unclear distribution of the burden of proof of causation,the author proposes to refine the burden of proof to avoid confusion between the burden of proof of relevance and the burden of proof of causation;Thirdly,for the different proof standards of causation,it is suggested to distinguish different proof materials and determine different proof standards;Fourth,the choice of the way to assume responsibility should not be flexible,and the suggestion of adopting flexible ways to maximize the possibility of assuming responsibility should be put forward;Fifth,on the issue of the non-diversity of settlement methods of such cases,put forward suggestions on strengthening mediation and other diversified settlement methods to avoid the expansion of adverse effects of litigation.We hope to solve the current problem of judicial trial of air pollution infringement litigation,and promote the process of building a beautiful China while achieving economic development and social progress.