Attached: the ten national environmental lawsuit

Zhang Hong lawyers: environmental pollution damage occurred, the victim adults?

First of all, to cause environmental pollution, has the right to require the removal of harmfulness, and for the loss of victim compensation. The liability or amount of compensation may, according to the request, processing by the competent administrative department of environmental protection or other in accordance with the law, exercise supervision and control of the environment department; the victim refuses to accept the decision, may apply to the people's court. The party may also directly to the people's court

Ten cases of interior decoration pollution

1, 2003Years3Month28Day, Xuhui interior decoration quality supervision and inspection station to move new homes, rooms with Mr. Zhang died of leukemia, the conclusion is the renovation was completed a year later, the concentration of formaldehyde serious exceed the standard Zhuwo and storage room, that Mr. Zhang in less than3Months pass away. 2, 1998Beijing Mr. Chen to buy a house decoration in Changping, after Mr. Chen from air pollution "suffering from laryngeal papilloma, experience"Exceed the standard measurement of formaldehyde in indoor air25Times.　

3, Beijing Ms. song for car benzene serious exceed the standard, lead poisoning, Fengtai District court has accepted the case.　　

4, according to "banyuetan" report,2004At the beginning of the year, Harbin City, Liu Chengsheng's wife to do artificial abortion, the fetus is a black, after testing, found benzene in indoor air exceed the standard20Times.

5, 2004Years7Month, Beijing Huilongguan a young couple findings of fetal malformations, reason is newly renovated room formaldehyde exceed the standard more than8Times. 6, 2001Years8Month, Shanxi Yangquan City, MS Liu Qiaoying38Bucket of paint decoration simple painting doors, walls etc.,3Months later, only18Old high-school son burst leukemia, the detection is a carcinogen benzene serious exceed the standard. 　

7,Harbin blood tumor admitted last year1500Many children blood disease, is caused by indoor pollution. 8,2003Years3Month, Mr. Lu to purchase a modification of imported cars, later found the car smell is unbearable, Mr. Lu and the driver is always small alopecia occurred nose symptoms, the formaldehyde content exceed the standard of testing car26Times.

9,2001Years12Month14Day, director of Beijing city children's hospital doctor Zang Yan told the media: a year Jiezhen leukaemia children, with family decoration had within half a ten of nine. 　

10,The citizens of Nanjing Li a and its mother patients with aplastic anemia,After testing,The discovery of new decoration room formaldehyde exceed the standard12.6Times,Volatile organic compounds exceed the standard3.3Times

 

 

The people's daily reported:68%Human diseases related to indoor air pollution,,90%New home decoration and new furniture formaldehyde testing bidding, women and children are particularly deep sorrow. According to Chinese interior decoration Association of Environmental Monitoring Center said: the annual death toll from the decoration pollution caused has reached11.1Million people.

 

In recent years, there are throughout the country ten of air pollution after indoor decoration caused by litigation, from the domestic first "indoor formaldehyde exceed the standard family cold, decoration company for 110000" to occur in Sichuan Chengdu "decoration of indoor formaldehyde exceed the standard, the decoration should I pay" and other cases, the results without exception are the decoration company lost, investigate its reason, one is to strengthen the benefit from the people's legal awareness, awareness of self protection and improve health awareness, secondly thanks to a series of related laws and regulations of the state in recent years the introduction of the. In the case of Nanjing create a great sensation "decoration pollution induced leukemia last year, decoration company was sentenced to compensation"6Million yuan,A total of only2More than 10000 Yuan Decoration EngineeringAfter the renovation, a test of air, the formaldehyde content exceeding the national standard 13.9 times, the final decoration company not only a penny didn't earn, but lost more than a few million yuan, so bring a brand loss is incalculable. RootAccording to the authoritative organization statistics: 20% of cancers and 60% of leukemia is due to the unqualified cause of indoor air quality, indoor air pollution, especially for the elderly, children, pregnant women, patients and great harm. Don't let your room, be you and your family healthy!

 

Zhang Hong lawyers: because of environmental pollution damage compensation during the period of limitation of action is how much? What is the point?

 Because of the limitation period for prosecution of the pollution damage to the environment for three years, from the party knows or ought to know the computation by the pollution damage.The pollution of the environment infringement cases apply rebuttal burden of proof

As a professional lawyer for compensation for environmental pollution damage, "civil engineering indoor environmental pollution control" since the implementation since January 1, 2002 has been more than a year, and the occurrence of harmful substances exceed the standard decoration similar situation actually many, but the public can pick up the legal weapons to sue in court in Nanjing is not too much, the country also not many. This shows that a considerable number of civil rights awareness is still relatively weak, do not know how to safeguard their legitimate rights and interests. Some people don't know there is such a standard, do not know their own decoration of the house there is such a big hidden danger, or physical discomfort, resulting in personal injury, if cannot prove causality exists much abnormal symptoms and indoor harmful substances exceed the standard body, for fear of lose. In fact, China's "general principles of civil law", "environmental protection law" and other relevant pollution control laws, regulations have provisions, resulting in the pollution damage to the environment, the perpetrators have the responsibility to eliminate, and the unit or individual that suffered direct damages. At the same time, the damage of environmental pollution is a special tort,"Some provisions of the Supreme People's court" about civil action evidence clearly stipulates: "a suit for damages caused by environmental pollution damage, there is no causal relationship between the burden of proof by the offender law exemption and behavior and damage." That is the burden of proof.

 

Zhang Hong lawyers: the professional lawyers teach you how to judge the indoor pollution

1) the new decoration of the room with a dazzling, pungent, irritating smell, and more than a year and still no odor dispersion.

 2) every morning get up, feel dejected, nausea, and even be dizzy.

   For decoration pollution problems, the state has issued the relevant laws and regulations. In Chengdu, newly married couple in the formaldehyde content exceed the standard of the new premises, cause fetal abortion also finally to decoration company compensation ended. Why this? Because the decoration owners of case law. the Ministry of construction "residential upholstery decoration management approach" twenty-ninth stipulates: Decoration commissioned by the business to residential indoor decoration, decoration after the completion of the project, the air quality should be consistent with national relevant. Decoration can be entrusted to the testing unit for air quality testing, unqualified, and by the responsible person to undertake the corresponding loss. national standard GB50325 2001 "civil engineering indoor environmental pollution control" is also clearly:Civil construction works acceptance, must carry on the concentration of indoor environmental pollutants detection; indoor environmental quality unqualified acceptance of civil engineering, is put into use.And enforced in March 15, 2004. The standards for the first time in the approval requirements for the whole renovation of the housing and the quality of indoor air and indoor air formaldehyde content must be ≤ 0.08mg/m3, and renovation of the indoor air quality must undergo mandatory testing, qualified rear can be put to use

 On the basis of the twenty-ninth Department of the Ministry of construction "residential upholstery decoration management approach" provides: "decoration commissioned by the interior decoration of residential decorative decoration enterprises, after the completion of the project, the air quality should be consistent with the relevant national standards. The detection unit decoration can entrust eligible for air quality testing. Test failed, decorative decoration enterprises should rework, and the corresponding loss to the responsible person."

 

 

 

Case, once again sounded the alarm of children room decoration pollution!

Chinese indoor environment testing Committee has to inform the media, in August 9th, a court in Mawei District of Fujian Fuzhou was China's first home decoration caused by formaldehyde exceed the standard death cases. The decoration company and sales company in Mawei District resident Mr. Lin decoration new homes formaldehyde serious exceed the standard, Mr. Lin's young girl in the new premises had died of leukemia, the court verdict, the two companies bear the same liability, compensation the plaintiff RMB more than 17 yuan. Monitoring reports show, Mr. Lin's new home decoration after a year, the formaldehyde content in air is still serious exceed the standard, as 0.39mg per cubic metre, 4 times more than the national standard. Mr. Lin think that the decoration company act two serious pollution of the home air, led directly to her illness and death. Analysts believe that China indoor environmental monitoring committee director Song Guangsheng in the first instance judgment, this is China's first case of death due to new premises decoration formaldehyde pollution caused by the children. According to the statistics of epidemiology in China, China's leukemia natural incidence rate of 3/10 million people, each year about 40000 new leukemia patients, of which 50% are children, but most of the 2 to 7 year old children. Among many for the majority of children with acute lymphoblastic leukemia, andCause the leukemia, is a highly toxic chemical pollutants in indoor air formaldehyde caused!

 

Hospital experts said, indoor decoration pollution has become the largest suspected cause leukemia, the high incidence of allergic diseases.

Case: leukemia before the unit engaged in the decoration
Dalian resident Mr. Zhang had a happy family, however, in the winter, the enviable family by illness.
last winter, his wife Ms. Wang often feel bone and joint pain, accompanied by bleeding. In the hospital diagnosed with leukemia, after 10 months of struggle, Ms. Wang still can not escape from death of entanglement, left her husband and son. Mr. Zhang, the sorrow, think back to his wife before sicken, mentioned the unit department is decoration, decoration, a few days later employees moved in. In those days, Ms. Wang will often feel dizziness, sore throat. Shortly afterwards, his wife was diagnosed with leukemia. "This is not just a coincidence." Until now, Mr. Zhang also believes that his wife sick and unit decoration pollution have inevitable connection. In 2002, Nanjing residents just decoration new premises after 3 months, the mother of two who was diagnosed with leukemia with. At that time, Xuanwu District Court of Nanjing city received the decoration pollution cases, the victim won the lawsuit.

 

According to media reports, in 2003, because the decoration pollution, Guangdong Province Foshan, frequent abortion of pregnant women. Expert: decoration pollution is the cause of leukemia
reporters from Dalian city children's hospital to know, at present the hospital admissions of patients is increasing every year, according to the understanding of children in many families have decoration. From the people's Liberation Army 210 Hospital of traditional Chinese medicine blood Department data show: in recent years, leukemia patients also showed the trend of increase. In October 24th, the hospitalBlood disease specialist Huang Shilin director introduced, leukemia patients increased year by year and the worsening air pollution, radioactive Jiezhuang material widely used, have a great relationship. Huang Shilin said, for the cause of leukemia, although not conclusive at home and abroad, but some domestic and foreign expert thinks generally, the biggest cause leukemia:Formaldehyde indoor pollutants associated with leukemia pathogenesis.
Unqualified decoration materials pollution source is: "unqualified decoration materials are the main causes of decoration pollution."
The reason at present can cause many decoration pollution: unqualified building materials, home market is not standardized, decoration method is undeserved, even people with the indoor environment testing awareness has not really formed have a great. According to the decoration industry insiders revealed, with Chinese real estate market continued to heat up, decoration materials production also accelerated the pace, so some unqualified decoration materials market.
For example, paint, individual decoration company when in use, the possible use of production and formal manufacturers coating on the surface of no difference, the effect is almost, but the indicators paint may severely exceed the standard. And this kind of material damage to human body is very big. In addition, for a variety of so-called green materials on the market, which is part of the material is difficult to meet environmental standards and requirements.

In the former indoor environment testing is essential:
not long ago, China upholstery Association indoor environment monitoring center director Song Guangsheng said in an interview to detect association of 1400 families, the results show that, the new nearly 70% families decoration pollution. Autumn and winter are the decoration of the season, the current purchase, renovation market Dalian City, a lively scene. But experts here to remind the public, should pay attention to the harm caused by the decoration pollution.
people have 1 / 3 of the time living in the home, especially for old people and children, had their own resistance is low, decoration pollution harm to them often. Therefore, advised the public to end house decoration, not to live in, to ensure ventilation for some time. In the former, if it is found that the room smell, advice please the relevant departments for the indoor environment testing

Two ways to judge the pollution
Sensory judgement. New housing and formaldehyde exceed the standard seriously room, people feel a distinct smell, the more serious the eye painful tears, throat itchy, who had spent a long time there will be chest tightness, dizziness and other phenomena.

 

[case source: Bulletin of the Supreme People's court
[brief February]:2005 fan paid home renovation completed. When the decoration is "guerrillas", material purchase their own. Because worry decoration materials containing toxic substances, in his two months before they moved in. In May of that year the son was born, the body has been very healthy. But at the end of the year son began to cough, have a fever and other symptoms of a cold
[case]:2005 February van one pay home renovation completed. When the decoration is "guerrillas", material purchase their own. Because worry decoration materials containing toxic substances, in his two months before they moved in. In May of that year the son was born, the body has been very healthy. But at the end of the year son began to cough, have a fever and other flu symptoms, and treatment. 2006 lunar January, couple with a son to the hospital for examination, diagnosed with leukemia. After entering the professional hospital for treatment, found that children with leukemia were a lot of home decoration, so that the disease is due to his own son of indoor decoration pollution. Test report after decoration materials products quality inspection center to produce display: benzene 16 times more than the national standard, formaldehyde exceeded 4 times the national standard, TVOC (total volatile organic compounds) 9 times more than the national standard, it paid a heavy price for a home decoration pollution. fan on the production of decoration materials manufacturers filed. After sufficient evidence, the court in support of his claim.

 

Decoration pollution -- destroyed the happiness

Case playback:

Xiao Li is ready to marry, and his girlfriend to buy a set of commercial housing as housing marriage, and entrusted the material decoration contractor a decoration company. After the completion of the project, indoor odour emitted, unbearable, decoration company let Xiao Li multi window ventilation. Xiao Li to open the window ventilation after a month, the smell has not completely eliminated, decorate a company to tell Xiao Li people must live every day, the increase in popularity. Married Xiao Li worry house have no way, only to live in.

During the stay, Xiaoli wife pregnant, have appeared dizziness, chest tightness, nausea, vomiting and other symptoms. Initially, the couple thought is a normal reaction of pregnancy, do not care. Later, more and more serious, Xiao Li to take his wife to the hospital for an examination, the results found that fetal pleural within a large number of effusion, hospital diagnose fetal malformation. For the five month old fetus forced labor, after the hospital were dissected to the fetus, found that in addition to pleural effusion, and cleft lip and palate, hydrocephalus phenomenon. Finally, the hospital confirmed that long-term inhalation of toxic gases cause fetal dysplasia, may be the cause of indoor decoration pollution. Therefore, Li found Center indoor environment monitoring, the indoor air testing, found new premises living room, master bedroom formaldehyde concentration in the air are severely exceed the standard, pollution source for inferior wood floors, which determine the indoor environmental quality of the project failed. From then on, Xiao Li a hard back home, was forced to rent, decorated marriage room also become miles away the castles in the air, but also can pay high property management fees. Therefore, Li will decoration company to court, ask decoration company liability.

 

Knowledge points: environmental tort damages, the burden of proof, the no fault liability

 

Lawyers answer:

Q: Xiao Li think, because the decoration decoration company is not qualified, not only bring material, property damage to the more serious consequences, his wife is sick, miscarriage, bring great suffering and damage to their original happy married life. If Li decoration company compensation, can from which a few respects to claim?

A: Xiao Li from the property damage, personal injury and mental damage compensation in three aspects. Our country"Environmental protection law" the forty-first stipulation: "caused by environmental pollution, has the responsibility to eliminate the hazards, and the unit or individual that suffered direct damages." Decoration pollution to environment as a form of infringement, general principle of environmental tort. Loss of property. In environmental infringement of property losses caused by the victim's case, the tortfeasor shall bear the liability to pay damages. The scope of the compensation for losses include direct property losses, including indirect property loss. Therefore, in addition to the return of Li decoration company decoration fees, testing fees, but also damages caused by pollution clean-up costs, relocation costs, rental outside the room, the property management fee and other losses. Personal injury. According to the Supreme People's court "on certain issues concerning the application of law in the trial of personal injury compensation cases the interpretation of" the provisions of article seventeenth, "the victim suffers from a personal injury, medical treatment due to the cost of expenditure and revenue due to loss of working time, including nutritional costs medical expenses, lost wages, nursing fees, transportation fees, accommodation fees, hospitalization food subsidies, necessary, the obligation of reparation should be compensation." Xiao Li can ask decoration company in accordance with the provisions of compensation for the loss of. Compensation for mental damage. According to the Supreme People's court "about the problems of defining the civil right infringement spirit damage compensate responsibility to explain" the provisions of article eighth, "because of the tort to mental damage, resulting in serious consequences, people's court shall order the infringing party bear the cessation of infringement, rehabilitation of reputation, eliminate the influence, such as an apology to civil liability, can according to request any victim side of the compensation for spiritual damages corresponding solatium." Xiao Li can ask decoration company bear the compensation for spiritual damage.

 

Q: decoration company argued, leading to Xiaoli wife abortion has poor physical quality possible, Xiaoli wife B ultrasound report and abortion history does not prove that abortion is caused by the decoration pollution. If the Xiao Li can not prove that abortion is because decorate a company to use inferior materials lead to exceed the standard in air quality, whether he can get compensation?

A: Xiao Li could still get compensation. Environmental tort is a special tort, application of reverse burden of proof.According to "the Supreme People's court" several regulations about the civil action evidence of the fourth provisions of the third paragraph, "a suit for damages caused by environmental pollution damage, there is no causal relationship between the burden of responsibility by the offender law exemption and behavior and damage." Therefore, Li just had enough evidence to prove that the two can be: indoor harmful gas 1, decoration decoration company after the serious exceeded national standards; 2, the wife in the room after the miscarriage of the consequences of damage. By the decoration decoration company behavior and fetal abortion without proof of causality, such as decoration companies can not fully prove that there is no causal relationship between the two, we need to bear the liability for damages.

 

Question: Although the decoration company recognition because the decoration leads to indoor formaldehyde exceed the standard, but the proof of purchase decoration materials is through national inspection of qualified products, the formaldehyde exceed the standard without fault. Decoration company should bear the responsibility for compensation?

Answer: the decoration company to assume the liability of compensation is still. Environmental tort liability is no fault liability, damage compensation is not based on fault as a precondition.Violate the provisions of national Protect environment pollution prevention according to the "general rules of the civil law" provisions of article 124th ", the pollution of the environment and causes damage to others, shall bear civil liability according to law." Therefore, as long as the people act causes damage to others, don't ask whether there is fault should bear the responsibility of subjective, unless they can prove a exemptions of the special provisions of law. Therefore, even if the decoration company all use environmental protection decorative materials, but because the accumulation of various materials used, may still cause indoor formaldehyde exceed the standard. Unless the decoration company can fully prove that the harm is the irresistible force, the victim himself or third person           Fault, or should bear the responsibility for compensation.

 

In March 12th, Beijing City Consumers Association released "Beijing family decoration environmental survey report" shows: in a survey of 294 households in Beijing consumer households, nearly 1/3 air pollution to residents of the home. The highest value of formaldehyde and benzene pollution exceed the standard value of 3.5 times and 50 times respectively. The survey found consumers to purchase materials, pollution caused by more serious, mainly when consumers purchase price ratio, ignoring the environmental pollution caused by the decoration, cheap map. Reflect the detection results of consumers in the family decoration pollution situation is not optimistic.

In October 20th, "Beijing Evening News" reports:According to a survey, just decoration indoor pollution exceed the standard room 90%. Although a variety of indoor air purification products in the propaganda of the thorough sterilization as a selling point, but experts believe that, at present on the market of air purification products are only for a certain pollution effect, not a product can be "the kill" all indoor pollution

According to the national standard, win the decoration pollution lawsuit, to safeguard their own rights and interests
In recent years, cases about the decoration pollution is more and more, more and more attention. The residents of the successful rate is higher and higher, embodied the laws of the state of perfection, on the other hand, it reflects the residents' rights protection awareness. But there are still many owners in the decoration after the renovation, decoration pollution damage, but not willing to stand up for their rights. A part of the decoration owners said, do not intend to delay the time and energy; more owners do not know how to make decoration pollution lawsuit, lawsuit and decoration company that wins a little more than lose, do not know how to safeguard their rights.
The reporter visited the relevant legal experts, the state has formulated the regulations and standards of quite a few in the decoration pollution, from 2001 promulgated the "civil construction indoor pollution control norms" to 2002's "indoor air quality standards", and building materials limit of harmful substances of ten standards, has issued more than ten mandatory regulations, safeguard the interests of consumers. Some people don't know there is such a standard, do not know their own decoration of the house there is such a big hidden danger, or physical discomfort, resulting in personal injury, if cannot prove causality exists much abnormal symptoms and indoor harmful substances exceed the standard body, for fear of lose.
In fact, China's "general principles of civil law", "environmental protection law" and other relevant pollution control laws, regulations have provisions, resulting in the pollution damage to the environment, the perpetrators have the responsibility to eliminate, and the unit or individual that suffered direct damages. At the same timeEnvironmental pollution is a special tort, "several provisions of the Supreme People's court" about civil action evidence clearly defined:"A suit for damages caused by environmental pollution damage, there is no causal relationship between the burden of proof by the offender law exemption and behavior and damage."That is the burden of proof. In fact, decoration pollution lawsuit is very good, as long as consumers found, not dozen don't win the lawsuit..

Decoration materials used at present in 90% of our country is not up to the national requirements of environmental standards. Every year there are many decoration caused by pollution cases in Beijing, Shanghai, Guangzhou. Be imperative governance Jiezhuang pollution. As a result of exposure to bad indoor air, health hazard to personnel from the residence may be short-term, may also be a long-term, the degree of influence of feeling uncomfortable, sick, disabled, and even irritation to death.

★ answer: environmental pollution dispute cases similar,The law is taken"The inversion of onus probandi"The principle, namely the decoration company exemption of burden of proof, the certificate issued by others, no pollution of indoor environment. If the burden of proof can not or is insufficient, should bear corresponding civil liability for compensation. Although the second test results are qualified, but before the launch time has been a long time, and can not prove that the renovation of the housing in the launch of indoor air environment is qualified, second test conclusion cannot overthrow the first detection of the credibility of the conclusion exceed the standard, does not have the preponderance of evidence,Decoration companies can not prove it in others, those of indoor air, failed to prove himself being legal exculpatory occurrence, so should take consumer loss.

 

Decoration pollution tort claims

The basic facts of the case:
In September 9, 2005, a decoration engineering company, the plaintiff and the defendant Wang Zhenjiang City, the two sides signed a "Zhenjiang small (family) construction contract" agreed Decoration Engineering, the defendant the plaintiff housing decoration engineering, contracting for contracting package materials, decoration costs 83000 yuan. The project was completed in December 28, 2005, but there has been no organization acceptance. plaintiff in September 29, 2006 moved into the. In 2006 December, the plaintiff was medical diagnosed with "left lower lung cancer", after 3 consecutive chemotherapy after operation, discharged on January 10, 2007. In February the same year, the plaintiff was commissioned by the Zhenjiang municipal environmental protection monitoring station on the indoor air live were tested, results show that the indoor air formaldehyde serious exceed the standard. The medical experts issued a "medical diagnostic material" analysis: the causes of patients with lung cancer may be caused by the decoration of formaldehyde and other harmful gases. The plaintiff for the many consultations, claim for compensation, but ignore the defendant, the plaintiff's follow-up medical expenses continue to occur, the family economic difficult to continue. In order to protect the lawful rights and interests of the victim, the plaintiff to the people's court proceedings, claims:
1, requested the defendant to compensate the plaintiff decoration loss and clean-up costs 83800 yuan;
2, because the accused infringement losses in a total of 342981.62 yuan for the plaintiff;
3, spiritual damage compensation costs 60000 yuan;
4, all the costs to be borne by the defendant.

The lawyer representing the plaintiff, the opinions are as follows:
A defendant to the plaintiff, composed of indoor decoration pollution tort
(a) the formation of the renovation contract relationship, and the actual performance (omitted);
(two) the plaintiff since occupancy has been living in indoor decoration (omitted);
(three) the plaintiff in less than March lung cancer;
(four) the plaintiff has Xunyiwenyao, has spent a total of 342981.62 yuan of medical expenses;
(five) the bedroom formaldehyde serious exceed the standard test;
(six) the expert diagnosis decoration pollution may be the reason for the prevalence of (omitted).
In evidence, the formation of a tight chain of evidence to prove the defendant to the plaintiff, renovation, because no air quality monitoring and acceptance, the delivery of housing to the use. After the detection, reported in January 21, 2007 that the plaintiff, the formaldehyde content seriously exceed the standard room, 6 times than the standard high, cause serious influence of living members of the health, the lung cancer, caused by the plaintiff and his family's physical and mental health seriously damage facts. Expert explanation, the decoration is not qualified, the indoor air is seriously polluted is the direct cause of the disease should be. The defendant constitutes tort of environmental pollution to the indoor decoration, the facts are clear.
Two, the defendant shall bear the burden of responsibility cannot be
(a) the defendant acts constitute the tort of environmental pollution. The according to "environmental protection law of the people's Republic of China" the second regulation, environment refers to influence human survival and development of a variety of natural and artificially transformed natural factors. Indoor environment is also one of the pollution of environment, indoor environment should constitute the legal meaning of "environmental pollution". Due to the decoration of the indoor air pollution caused by the behavior, further damage to the plaintiff and his family life and health right. According to "the environment protection law of the people" Republic of forty-first, causing environmental pollution, has the responsibility to eliminate the hazards, and provisions of the unit or individual that suffered direct damages, the defendant's acts constitute the tort of environmental pollution.
(two) the principle of liability without fault and reverse the burden of proof principle
(three) the defendant bear the burden of responsibility cannot be . in fact, the defendant cannot prove its behavior conforms to the grounds for exemption of legal provisions, but can not prove their behavior and the damage there is no causal relationship.
The loss of all three, the defendant shall compensate the plaintiff
　　
In summary, the defendants decoration in violation of "the people's Republic of China Environmental Protection Law", "civil engineering indoor environmental pollution control standard GB50325-2001" and other laws and regulations, the plaintiff is suffering from a serious illness, cause serious physical and psychological damage facts, shall bear the liability for compensation according to law. The defendant shall compensate the plaintiff medical fees totalling 342981.62 yuan 83800 yuan; property damage, mental damage solatium 60000 yuan, a total of 486781.62 yuan, and bear all costs of the case.
Finally, the lawyers want to emphasize is, we all know what that means: cancer! In order to stabilize the patient, the plaintiff must according to the prescribed treatment adherence. The huge medical expenses but continue to occur in the family economic difficult to continue. The plaintiff had to find the defendant many consultations, and negotiating a truce, the amount of the claim and less, but the accused still ignore their tort, denials, the behavior that the plaintiff anger! Let consumers anger! Make the whole society to anger! To add to the plaintiff and family spirit.
I believe that the law will not let go of ignore state laws, ignore consumer mental and physical pain, forget honour at the prospect of profits and.

The court points:
1, the court decided that the defendant to bear all the losses of more than 368120 yuan;
2, the follow-up treatment costs occurring after the claim;
3, the litigation costs in proportion to bear.
　　
　　　　　　　　　　　　　　　　　　　2005-12-5 21:13:00

The decoration pollution caused the tragedy

   Case playback:

   In 2002 September, Ms. Qiu (a pseudonym, similarly hereinafter) bought A, a high-grade residential Pucheng road. Two months later, madam Chou got new premises will entrust Wang and others for the renovation of the housing. After more than six months time, housing renovation completed. In 2003 August, Ms. Qiu took his son into the new premises. But in the near future, Ms. Qiu soon found himself appeared strange symptoms: systemic bone pain, night sweats, cough, weakness, loss of memory, she hurried to the hospital, the diagnosis result is actually she had herpes zoster and depression. But the twelve year old son is worse, the sharp drop in platelets, to leukemia development trend, to large doses. In October, came to nurse their cousin in the bridal lived only a week will be rather baffling, suffering from a blood disease. Ms. Qiu began to doubt whether the newly decorated houses have problems. It is not out of hatred lady expected, by December 2nd, Tongji construction A quality inspection station testing, conclusions: Lady master bedroom, second bedroom formaldehyde free formaldehyde, benzene, TVOC does not meet the I requirements of civil building engineering. In May 12, 2004, Ms. Qiu again commissioned A city interior decoration quality supervision and inspection station for indoor air testing, the results still exceed the standard. Was Ms. Qiu formaldehyde exceed the standard nailed a angrily will surnamed Wang, renovation and decoration companies to court.On the court, Qiu claimed, the defendant Wang and others use has been the business license of the decoration company name of illegal business, the pursuit of illegal profiteering, selection of poor quality, low decoration materials, causing her son and terrible diseases, we asked the defendant to bear the responsibility for compensation. The defendant Wang and others argue, two copies of the test report. Lady show no show that temperature, humidity, air pressure detection rules, and the detection of the plaintiffs buy furniture, wallpaper, adhesives are included in the room, report to the room on the ground, metope statement is inconsistent with the actual, the testing report could not be confirmed decoration is a direct causal relationship with the sick. The court concluded that, two copies of the test report provided by the plaintiff in error for the room on the ground, although the surface expression, but does not affect the authenticity of the report of the whole, so the two copy of the test report is true and effective. But considering the house from the original, the defendant to provide materials respectively exist in large quantities, and all the furniture were the plaintiff purchase, although the two sides of each provide materials submitted certification part, but not the actual use of decoration materials. In addition, the plaintiff in the housing renovation completed shortly after the arrival, the concentration of harmful gas in a short time the interior is relatively high, therefore, cause mixing of air quality exceed the standard, the original defendant and assume corresponding responsibility for appropriate. Then the defendant Wang, Zhu, Qiu Qiu, compensation and medical fees, nursing fees and other kinds of nutrition fee, a total cost of 6 yuan.

 Lawyer commented:

   In recent years, indoor environmental damage caused by the decoration of the family is very frequent, similar to that used by the formaldehyde, benzene and other harmful gases cause poisoning incidents have occurred from time to time. In such disputes, victims of indoor environmental pollution can be solved by the following ways.

   One, according to the relevant regulations of the "environmental protection law of the people's Republic of China", the competent administrative department of environmental protection or other in accordance with the law, exercise supervision and control of the environment department has the right to handle due to environmental pollution liability and compensation disputes. Based on the provisions of this law, the environmental protection agency pollution victims to the location of the reflection of the request processing.

   Two, according to the "Chinese environmental protection law of the people's Republic" and "victims of indoor environmental pollution on certain issues concerning the application of law in the trial of personal injury compensation case explanation" of the Supreme People's court may bring the pollution damage compensation proceedings, request the people's court shall order the polluters to stop pollution infringement, eliminate the obstruction, compensate for the losses. The above two kinds of relief methods have different characteristics, the environmental protection agency because of environmental quality monitoring facilities and professional staff, made the decision to have executive power, so that compared with the litigation is simple, cost saving. And when all the victims relief, mediation, administrative processing mode, judicial remedy is the last and most formal approach.

   The depth of thinking:

   In this case the above we can already be found, as Ms. Qiu victims although get some compensation through litigation, but said that it is not worth mentioning can be compared with the injury. The reason is that, the reason mainly lies in the following two points:

   First of all, such disputes forensics is difficult, because the pollution sources of indoor air pollution can be caused by many, including decoration materials and materials containing toxic and harmful substances cause pollution, including toxic and harmful substances containing the victims of their own purchase of furniture materials caused by pollution. At the same time, although the medical profession that exceed the standard of formaldehyde, benzene, radon and other harmful substances have the possibility of induced leukemia and other diseases. Secondly, the air pollution caused by personal injury are generally long-term, irreversible. Such as the above the Chou woman, even if she through litigation and the amount of compensation is not 60000 but 600000 yuan, it is difficult to make up for her and her family suffered the injury. In later life, the shadow of the disease will be like a Damokesi sword general long-term suspended in their heads, once fell down the final outcome is depleted, the destruction of property! As for the enemies, only 12 years old children, school, work, love, marriage these ordinary people normal life experience for him are likely to become a luxury. Therefore, in order to avoid the pollution caused by the decoration of the tragedy, the best way is not the remedy, but precaution!

The law is taken by the "principle of burden of proof", namely the decoration company exemption of burden of proof, the certificate issued by others, no pollution of indoor environment. If the burden of proof can not or less, they should bear the corresponding legal liability is taken by the principle of "burden of proof", namely the decoration company exemption of burden of proof, the certificate issued by others, no pollution of indoor environment. If the burden of proof can not or is insufficient, should bear corresponding civil liability for compensation.

Case:In 2002 March, Ms. Li Rong signed with the whole building a "model family decorative decoration construction contract", commissioned by the whole building decoration company is located in Huaihai West Road 288 get a house. After four months, the completion of housing renovation, Ms. Lee family of three live in. But not long after, Ms. Lee is a feeling of the room air always smell, therefore, she has found the whole building company to intervene. In July 13, 2003, the whole building company agreed to Ms. Lee a move away from the house, and arranged three Check Inn Hotel style apartments, to pay a monthly fee of 10410 yuan, at the same time, commissioned the Xuhui District environmental monitoring station on the inside of the housing air quality testing. Test results show that: the concentration of formaldehyde in the living room and children's room exceed the standard, but the concentration of formaldehyde Zhuwo not exceed the standard. Because the two sides have always failed to housing reform measures and the responsibility of the merger agreement, the whole building company refused to pay Ms. Lee, three outer rental costs. Contrast to 2004 September, helpless, Ms. Li filed a complaint with the court, asked the whole building company compensation outside their own rental loss of 71000 yuan, and repair the damage detection result of the housing.
The court hearing process, the building housing the company to apply for re testing of air quality, the court again commissioned by the Shanghai city building materials and components for quality supervision and inspection station, to detect the air quality in the house. The move by Ms. Li from the purchase of books, furniture and clothing, second times the conclusion is: "is for housing living room, children's room, study room in the detection of formaldehyde content, did not exceed the standard; the detection, collected at the scene of the wallpaper, enhanced composite floors, the floor size plywood formaldehyde veneer artificial board, cupboard emissions did not exceed the standard." The whole building company thinks, second detection to eliminate the related interfering factors, the conclusion more credibility than previous tests.
The court thinks, according to court statement inspection personnel, there is every reason to believe that the concentration and the temperature, ventilation and other factors will change the formaldehyde in indoor air. Therefore, although can be determined in March 5th this year when detecting, the concentration of formaldehyde in the air for the housing department did not exceed the standard, decoration materials used for formaldehyde emission standard, but could not be identified in the first test to second test period, the concentration of formaldehyde in the air for the Housing Department did not exceed the standard, and the related loss is here the time Ms. Lee happened. In contrast, the second inspection report for the first time the test report does not form the preponderance of evidence. Therefore, there is reason to believe that the concentration of formaldehyde exceed the standard decoration and housing department for the entire building, in the air, the appellee suffered a causal relationship exists between the relative loss.The Shanghai first intermediate people's court according to the principle advantages of evidence judgment, bear the responsibility of whole building companies deal with Ms. Lee not for losses suffered by housing, Ms. Lee outer compensation housing rental costs 59000 yuan, housing repair damage caused by the testing. The whole building companies adhere to the second test results as the verdict on the grounds of appeal to the standard, in our hospital. Our hospital after hearing that, according to the rules of evidence of environmental pollution disputes shall be handled by the decoration companies to bear the burden of proof, second inspection report is the first report does not form the preponderance of evidence, so it is not enough to deny the first detection report conclusion. Our hospital was on the decision to reject the appeal, upheld the.
The judge said, environmental pollution dispute cases similar, the law is taken the principle of "burden of proof", namely the whole building companies for the exemption of burden of proof, if the burden of proof can not or is insufficient, should bear corresponding civil liability for compensation. In this case, second copies of the test report the whole building company proof does not have the preponderance of evidence, it failed to prove himself being legal exculpatory occurrence, so it should take Ms. Li loss.

 

In March 12th, Beijing City Consumers Association released "Beijing family decoration environmental survey report" shows: in a survey of 294 households in Beijing consumer households, nearly 1/3 air pollution to residents of the home. The highest value of formaldehyde and benzene pollution exceed the standard value of 3.5 times and 50 times respectively. Reflect the detection results of consumers in the family decoration pollution situation is not optimistic. Further analysis of the experts said, formaldehyde and benzene in indoor air environment of the residents in two indoor pollutants concentration than outdoor, show that the two kinds of pollutants are mainly caused by indoor decoration. At present, the benzene has been identified as carcinogenic substances, mainly from the paint, paint solvents, diluents and additives. Due to renovation completed in a shorter time, benzene can not be fully released, may be the main cause of benzene exceed the standard.

In June 6th, "Beijing Evening News" reported: today, 72% of Beijing people know the indoor environmental pollution problems, environmental pollution; 88.7% of the respondents think that the indoor harmful gas from a building decoration materials (ranked in the top three are paint, interior wall paint and artificial board).

In October 20th, "Beijing Evening News" reported: according to a survey, just decoration indoor pollution exceed the standard room 90%. Death China annually by indoor air pollution caused by the number has reached 111000 people, about 304 people a day, and caused 10700000000 yuan of economic. Due to the deterioration of the indoor environment, the incidence of lung cancer is increasing at an alarming rate of 26.9% every year; 80% of the incidence of leukemia and indoor air pollution are directly related; for decoration pollution caused by infection of the upper respiratory tract and cause serious diseases in children about 2100000.

Decoration materials generally exceed the standard

Song Guangsheng of director of China upholstery Association indoor environmental monitoring committee that analysis, the indoor environment pollution is mainly caused by improper use of decoration materials, one is the unreasonable design, room too much use of a material, such as large area laying composite floor caused by formaldehyde exceed the standard; two is the unreasonable technology, the traditional process without considering the indoor environmental problems, such as composite floor under the big core board, wall brush varnish to prevent cracks, traditional crafts furniture not Fengbian will bring air pollution; three is the choice of the poor quality of decoration materials. the central states section of environmental technology research center market once to Guangzhou coating investigation, found that the majority of "green label" products can not be trusted, some plants produce reports, some of the "environmental label" he explain or.

 

Worthy of attention is, the Supreme People's court formulated from the April 1, 2002 implementation of the "on the civil evidence regulations" judicial interpretation, including environmental pollution causing injuries of 8 kinds of burden of proof in civil procedure shall be borne by the offender, the new rules of the burden of proof of principle, the burden of proof is delimited to the perpetrators of a party.If the decoration pollution caused by the injury, not from the owner to prove that the decoration company or manufacturer has fault, but by the decoration companies or manufacturers to prove that their behavior without fault. In January 22, 2005 CCTV 12 channel legal program, reported the Shanghai first intermediate people's court decision 2004 bottom case.

In fact, countries in the decoration pollution has formulated the regulations and standards of quite a few, from 2001 promulgated the "civil construction indoor pollution control norms" to 2002's "indoor air quality standards", and building materials limit of harmful substances of ten standards, has issued more than ten mandatory regulations, safeguard the interests of consumers. Some people don't know there is such a standard, do not know their own decoration of the house there is such a big hidden danger, or physical discomfort, resulting in personal injury, if cannot prove causality exists much abnormal symptoms and indoor harmful substances exceed the standard body, for fear of lose.
China's "general principles of civil law", "environmental protection law" and other relevant pollution control laws, regulations have provisions, resulting in the pollution damage to the environment, the perpetrators have the responsibility to eliminate, and the unit or individual that suffered direct damages. At the same time, the damage of environmental pollution is a special tort, "several provisions of the Supreme People's court" about civil action evidence clearly stipulates: "a suit for damages caused by environmental pollution damage, there is no causal relationship between the burden of proof by the offender law exemption and behavior and damage." That is the burden of proof.
　Jiezhuang lawsuits not difficult dozen
In fact, decoration pollution lawsuit is very good, as long as consumers found, not dozen don't win the lawsuit. New house after renovation, to find a testing institution qualified acceptance of indoor air pollution detection, confirmed the presence of. Both sides cannot reach an agreement, or to the consumer complaint, or other relevant organizations to the court according to the law, to safeguard the rights and interests.

 

★   The lawyer said, let consumer produce evidence to prove his physical discomfort and the use of harmful furniture has a causal relationship is very difficult. So as long as the consumer can prove harmful furniture before using his body is healthy, and the furniture formaldehyde exceed the standard and consumer use of harmful furniture had symptoms of formaldehyde exceed the standard trigger symptoms, you should complete the burden of proof. Consumers should obtain compensation.

 

Decoration pollution is arch-criminal childhood leukemia!!

Decoration pollution is arch-criminal childhood leukemia
"Childhood leukemia patients are now really more!" Close paragraph of time, this kind of voice can be heard without end almost. Disclosures, the childhood leukemia a large part of the reason from the family or kindergarten decoration pollution. One pediatrician recently told reporters: "now when get leukaemia children hospital, the doctor asked the parents of the first word is' your home decoration not'."Decoration to the end Is it right? Causes childhood leukemiaReason? Children with leukaemia why more? Reporter recently interviewed on the issue of some experts. Must have a relationship, experts say, children with leukemia in 2001, at a hospital in Beijing city in 90%, the family decoration in the second half of this year...... According to the statistics of relevant departments, at present our country every year because of decoration pollution caused by infection of the upper respiratory tract and cause death of children about 2100000, the cause of death of children below 5 years old in about 1000000 related to indoor air pollution, especially in some new and newly renovated kindergarten and the family of indoor environment pollution is very serious. Chinese interior decoration association director Song Guangsheng analysis thinks, the indoor environment pollution is mainly caused by improper use of decoration materials, one is the unreasonable design, room too much use of a material, such as large area laying flooring formaldehyde exceed the standard two lead; process is unreasonable, the traditional process without considering the indoor environment problems, such as complex under the floor of big core board, wall brush varnish to prevent cracks, traditional crafts furniture not Fengbian will bring air pollution; three is the choice of the poor quality of decoration materials. Song Guangsheng took out the data, according to the monitoring center in 2004 on a sample survey in Beijing area in the new decoration of the family, 60% of the new premises are existence of formaldehyde exceed the standard phenomenon is serious. He said, overseas research data shows, indoor pollution is the main cause of child health deterioration. Among them, the formaldehyde in decorative materials and leukemia associated with the extremely important.