Environmental poisonous infringement is caused by exposed to a toxic environment.、Civil torts damaged by property or environmental damage。The consequences are mostly caused damage to the human body，and damage usually requires a long period of incubation to appear。During this period，The victim not only needs to afford the treatment cost of related diseases，And to withstand the mental pain caused by the disease、Fear，Pain caused by tolerating disease、Disopoly of quality of life。The victim may be bold for all day because of concerns about potential damage，Always in fear of illness，It may also be unable to enjoy the fun of life due to environmental poison。So，When the victim is seeking relief，Not only can compensate for compensation for losses that can be quantified by money (such as property damage caused by personal damage)，It can also be used for losses that are difficult to quantify through money (such as pain、Fear、Pain、Non -property damage such as the decline in life of life) is proposed for compensation requirements。Among them, non -property damage compensation is a hot issue in reality，It is also a difficult problem in practice。In my country's legal and judicial practice，The mainstream view tends to equate non -property damage with mental damage，and the applicable conditions for mental damage compensation are strict，Therefore, there is also room for further expansion of the relief scope of non -property damage to the victim damage to the environmental poison.。

The recent "People's Republic of China" (hereinafter referred to as the "Civil Code"), which was adopted recently, further improved the compensation system for mental damage，Standardized "" Due to intentional or significant losses of infringement of natural persons that have a personal significance, causing serious mental damage，bet365 live casino games The infringer has the right to ask for mental damage compensation "。But in order to improve environmental poisonous infringement, the relief method of the damage of Chinese and African property，You also need to refer to the existing useful practices，Combined with the specific actual situation of our country，Explanation、Applicable to the "Civil Code" regulations，Give environmental poison to infringe the victims of the following four aspects of non -property damage compensation，To expand the relief pathway，To better protect the legitimate rights and interests of the victim。

　　Bet365 app download Environmental poisonous infringement and other infringement compensation for mental damage compensation has some differences。Environmental toxicity infringement is damage to the victims caused by the exposure of toxic substances caused by infringement，Related compensation occurs mostly in life right、Healthy or physical rights violations。For privacy、Honorary and other personality rights and interests，Generally there is no possibility of damage caused by poisonous infringement。So，Environmental poisonous infringement mental damage compensation compensation mainly includes the following three: one is the right to physical rights、Against the right to health。Damage exposed to environmental poison is usually pathological damage，It is manifested as a certain specific disease in medicine，It may cause the human body's immune function to decrease、organ failure or necrosis, etc.。The second is the infringement of the right to life。When the victim dies，No matter what kind of infringement is caused by this consequences，The relatives and friends of the victims will be hit by spiritual blow，All should be compensated。The third is the violation of the property with personal interests。When the personality interest is pinned on a specific property，Property damage caused by poison erosion will also cause loss of personality and interests，Make environmental poisons invading the interests of people into possible。

When calculating the bet365 best casino games amount of damage，The following three principles can be comprehensively applicable: First，Explanation of the "Supreme People's Court on Determining Several Issues on Determining Several Issues of Civil Infringement Mental Damage Compensation" stipulated in the six factors to determine the amount of mental damage compensation。Next，Pay attention to the limitation of mental damage compensation。Strong subjectivity of mental damage，It is difficult to estimate。Environmental poisonous infringement may cause a wide range of damage、More victims，However, the responsibility ability of the infringer is limited，Should find a reasonable balance between freedom of behavior and fairness and justice，It is not advisable to cause too much burden on the infringer with too high compensation。Last，It should be given a reasonable tailoring right。Allow judges to weigh the relevant legal value on the basis of objective standards，Make the amount of damage compensation more in line with the specific situation of the case。

　　Second, the damage compensation for the fear of illness.When the victim of the environmental poison knows that he is exposed to a toxic and harmful environment for a long time，Based on the pathogenicity of environmental poison or feedback from the surrounding patients，The victims are often in great anxiety and anxiety。This kind of anxiety and anxiety not only bring discomfort to the victim，It is also very likely to be converted into realistic psychiatric diseases such as neurotic disorder。Some states in the United States，This fear of diseases is enough to become a basis for damage compensation。

A broad risk of fear of disease damage includes mental damage caused by environmental poison (traditional mental damage) and mental damage that does not based on personal damage ("pure mental damage" of the directly victim))。What emphasizes the latter here。my country's judicial practice has a precedent for supporting the damage damage of the disease，Therefore, it is applicable to the disease damage damage compensation in my country to have a certain practical foundation，Bet365 lotto review But may also encounter some problems。According to the provisions of my country's "Civil Code"，Only the degree of mental damage reaches serious，。What is "serious"? As far as the fear of the disease is concerned，It can be based on the facts and scientific logic，Through classification method，Inflection of the severity of the mental damage of the victim。Generally divided into the following three situations for analysis: First，exposed to excessive concentration of environmental poison，Although not found to be sick，But there are abnormalities in related medical examination items，The victim generates fear; the second，exposed to excessive concentration of environmental poison，No illness is found and there is no abnormality in the medical examination project，But the victim caused mental abnormalities due to fear and meet the standard of mental illness; third，exposed to excessive concentration of environmental poison，No illness is found and there is no abnormality in the medical examination project，The victim has a general fear due to the harm of the related poisons。In the first situation，From reasonable、Objective third -person angle departure，If the disease has not yet happened，But the fact that excessive exposure and physical examination abnormalities are enough to make people have mental fear，Then you can give compensation for fear damage。my country's rabies fear compensation compensation jurisprudence belongs to this situation。In the second situation，For excess exposure、Medical examinations without abnormal, but the victims of the disease standard of mental fear，If it can prove in medicine that its mental illness is caused by poisonous infringement，Invaders usually need to bear compensation liability。The third situation belongs to the general situation of disease concerns or fear，It has not yet reached a serious level，It should not be included in the scope of compensation，Otherwise, it will cause abuse and waste of judicial resources。

　　Third is pain damage compensation.Pain or pain is the most intuitive feeling caused by personal damage。Comparison method，The consequences of personal damage，The British and American Law Department distinguishes "pain" and "pain"，The former is the pain feeling of feedback from the body，The latter is an emotional response caused by the feeling of pain。In judicial practice in the UK，The plaintiff can propose mental damage compensation requests based on pain and pain，It can also distinguish the different causes of pain and pain，Solid claim compensation。Other European countries are also positive for compensation for "pain"。

In our country，Whether it is theory or judicial practice，Most of them ignore the physiological pain caused by personal violations，If the victim is infringed, there is only severe pain and mental damage is not serious，If you cannot get mental damage compensation。Mental damage is a pure subjective feeling，For people who are optimistic and open -minded，Long -term pain does not necessarily cause it to fall into mental pain，But disease、The pain caused by damage is certain、Real，This kind of pain makes the victim unable to enjoy life happily as normal people。However, the current law does not make a clear specification for this。In the infringement of environmental poison，physical pain caused by toxic substances is the most basic、The most common damage form。For example，In the case of osteadia in Toyama, Japan，Cadmium poisoning leads to personal damage，The most typical symptom is that the victim will pain on the whole body，Neural pain will occur in all parts of the body、bone pain，Difficulty in action，Even breathing will bring them unbearable pain。This pain has caused the victim to suffer great mental damage。If the physical integrity is the basis for measuring mental damage compensation，It cannot provide effective relief for the victims of the environmental poison。Therefore, the physiological pain caused by environmental poison should be distinguished with mental damage，According to the degree of pain of the parties，Combined with medical diagnosis，Give the corresponding compensation。

　　Fourth is the compensation for enjoyment damage.can also be called the loss of peace life、Lost of life and compensation for comfortable loss，refers to changes in the body caused by personal violations，As a result, you cannot live in a established or ideal way，Loss of people with a decrease in quality of life。France uses such damage as a permanent non -money loss with compensation。In the UK，Lole damage is usually merged with pain and pain as general damage。The United States initially only used pleasure damage as a general review factor for "pain and pain" damage，But in the middle and late 20th century，Lohas damage gradually becomes a type of independent damage type and cause，Common in personal infringement, especially toxic substance infringement。

A person’s life fun is usually reflected in its ideal life and entertainment method，Some defects on the body often cause these fun loss。For example，People with visual obstacles will be difficult to enjoy the fun of reading，People with physical disability are difficult to enjoy the fun of exercise。The obstacle to the comfortable and comfortable life will also lead to the loss of life fun，For example，People who are forced to move away from the sea view room due to environmental poison leakage will lose the fun of appreciating sea views，Forced to waste time on the water from the water from the environmental poisonous poison, the fun of losing the comfort of the comfortable life。Losing these lives of life will seriously affect people's quality of life。The value of life is not only to gain wealth and maintain health，Also enjoying life。Therefore, the German Federal Supreme Court considers，"Lost the lifestyle selected by individuals -when it belongs to a unique lifestyle and others believe that the loss of this lifestyle is tantamount to the victims"，The victim can get compensation。In the infringement of environmental poison，The loss of life fun is not the example。Various incurable diseases caused by environmental poison usually reduce the quality of life and comfort of the victim。Therefore, such damage bet365 Play online games should be appropriately recognized，Comprehensive consideration of the degree of loss of the victim's enjoyment、The impact of the loss of enjoyment on the victim、The cost of the potential alternative scheme, etc.，Give the victim moderate compensation。

　　(This article is the study of environmental damage compensation mechanism under the concept of "under green development concept" (CLS (2018) D64) staged results)

(Author Unit: School of Law, Fujian Normal University)