German sociologist Ulrich Beck mentioned in 1986 in his classic book "Risk Society"，The modern society where people live are "the volcano of civilization"，This warning high risk of modern society。In the context of contemporary risk and social background，Although accompanied by social development and scientific and technological progress，People’s material culture、The living standard is constantly improving，But there are still some toxic and harmful substances that may endanger human living environment and life and health。These substances will have adverse effects and even infringement on people，Toxic torts。Among them, environmental poison infringement has attracted much attention。Environmental poisonous infringement has the chronic and incubation of the consequences of damage、Severe and broad nature of damage results、Teste of the cause and effect certificate、The dependence of scientific evidence in the lawsuit，Therefore, it has special characteristics in the compensation for damage compensation，The scope of relief not only includes actual damage caused by environmental poison infringement，It also includes potential damage (Potential Damage)。

The concept of potential damage to this concept originally originated in the American poison infringement lawsuit。American judges found in judicial practice，From environmental poison infringement to the occurrence of the victim's actual damage and the request of compensation is often required for a process，I am，The victim may still have to bear the damage of "invisible"。This damage has a long incubation period and non -external explicitity。bet365 Play online games Generally difficult to be based on the medical diagnosis of the time、Experience judgment and other conventional damage judgment methods accurately determine，It is difficult for the victims to find the relief basis from the current law。But the evolution of this damage has gradual progress，In the future, it will be transformed into actual damage when it is uncertain in the future，Including large -scale、It is difficult to reverse personal damage。So study how to provide relevant relief channels，For the protection of the victim、Prevention damage expansion、Preventing environmental pollution has important positive significance。This article will briefly evaluate the judicial practice of potential damage compensation for environmental poison infringement in the United States。

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In the United States，Potential victims who have been exposed to harmful substances but have not yet occurred in the symptoms of diseases，Due to the lack of "legal damage"，Faced with claim problems。Judges usually provide them with certain relief with three legal channels。

First，Compensation for medical monitoring costs (Compensation for Medical Surveillance。Medical monitoring of potential damage is conducive to early detection and diagnosis of diseases or health damage that may induces environmental poison，Strive for treatment for the victims，Risk of reducing potential damage into a serious disease of reality。Many courts in the United States hold a positive attitude towards this compensation，and the reasonableness of medical monitoring compensation by continuously improving the requirements of the liability for compensation。The United States has created five applicable requirements for compensation for medical monitoring costs through relevant cases: exposed to the degree and severity of toxic substances、Toxicity Bet365 app download of chemicals、The seriousness of the disease caused by the exposure of the victim、The possibility of illness due to exposure、Value of early medical monitoring。In the case，The court proposed six more detailed standards: the plaintiff's exposure to toxic substances is more serious; the plaintiff shall use scientific evidence to prove that there is a correlation between the exposure of the facts and the human disease; Have intentional or major faults; the plaintiff should prove that compared to those who have not exposed，Exposes increase the risk of disease in the future; it is reasonable and necessary for the plaintiff's medical monitoring; for potential damage，There are appropriate monitoring methods in medicine。In these proof responsibilities assumed by the plaintiff，The most important thing is to prove that it is necessary to prevent the expansion of potential damage or early discovery of potential damage.、Reasonable。American courts usually require the proven by the plaintiff to be demonstrated by experts and demonstrations, which conforms to the "DAUBERT" rules of Daut v. Merrell Dow Pharms.inc.。It refers to the results of the survey and demonstration must meet the four standards: the result of the survey and demonstration is generally recognized by the scientific community、The results of the survey and demonstration are agreed by peers、The results of the survey and demonstration have been tested by scientific methods、The error rate in the results of scientific testing is acceptable。

2，Compensation for Fear of Disease。In the infringement of environmental poison，The plaintiff may often suffer only potential damage in the early days without appearing in the symptoms。But with the possibility of illness gradually increased，The plaintiff will cause potential damage to fear that it may evolve into a serious disease，This will bring the plaintiff for continuous Bet365 lotto review spiritual torture and pain。When the plaintiff proposed the request of compensation for fear of illness，Most American courts usually require them to suffer a certain personal injury at the same time。But there are also some courts that emphasize the real of cancer or other serious diseases、Serious fear，Allows the plaintiffs to claim compensation for fear of illness without obvious personal damage。In Potter V. Firestone Tire and Rubber Company case，The plaintiff lives near the garbage landfill，and the waste of the landfill contains toxic and harmful substances，The plaintiff has frequently exposed to such substances。None of these plaintiffs became ill，But because the risk of cancer in the future is growing and it is difficult to quantify，They are very afraid，So as to suffer serious mental damage。The court believes: "Personal injury requirements are a very inaccurate damage remedy review rule，It requires when litigation requests that support the fear of cancer，This spiritual fear must accompany or cause physical damage，No matter how small the physical damage is; however,，It denies the compensation appeal that those personal injuries have not appeared，No matter how serious the victim's fear of the disease in the case。"So，The court abandon the previous approach，Support the plaintiff to get compensation for fear of disease without personal injury。

third，Calling Riskd Risk of Disease。Potential damage to the victim exposed to environmental poison，Although there are no obvious symptoms on the surface，But in environmental poison，The risk of causing it to suffer from some serious disease in the future increases significantly。For this compensation appeal for increased risk of disease，The differences in the US courts are large，Some courts are difficult to determine because of the risk of illness and have not provided relief to potential victims。Other bet365 Play online games courts considers the needs and policy considerations of the benefits of the victims，It is believed that increased risk of disease is a potential damage to the human body that harms the human body，The probability of increasing the risk of illness can be used for the help of epidemiological statistics、Research results of the experiment of toxicology、Expert appraisal opinions and other methods obtained，If the plaintiff can prove through medical evidence to prove the "reasonable certainty" of potential diseases or more than 50%of the evidence of such risks, it can be quantitative，Then he can get the corresponding compensation。In the case of Ayers V. Township of Jackson, which is polluted by the water source，The Supreme Court of New Jersey in the United States thinks，The plaintiff must obtain relief from the proposition of increased risk risk，It is necessary to determine the possibility of the disease。This means that this risk must be quantified。However, the expert from the plaintiff said，Although the risk of the plaintiff suffering from cancer is increasing，But at that time, it was impossible to quantify the degree of risk。In the end, the court rejected the plaintiff's illness risk to increase the compensation request because the plaintiff could not prove the reasonable certainty of risk or quantitatively rejected it.。Visible，The court recognizes the right of compensation request for increasing risk of illness，But the plaintiff can prove that the risk of the disease is "reasonable" as the premise。

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Faced with potential damage legal relief dilemma，The United States actively finds the way out of legal theoretical research and judicial practice.，is to expand the connotation of "damage"，Find a reasonable relief path for the victims。Among the three kinds of relief paths for potential damage，The concept of damage was made different Bet365 app download interpretations。In the compensation of medical monitoring costs，Damage refers to the cost of implementing medical monitoring;，Damage can refer to the mental damage of not based on real personal damage as the premise;，Damage to the fact that the future risk of diseases caused by environmental poison risks will rise。Their interpretation of the concept of damage is different，But whether it is economic loss、Pure inner fear，Still increase the risk of illness、Loss of survival opportunities，All actual loss caused by potential damage。The victim can mention one or more compensation requests based on the facts of potential damage。It can be said，In the relief of potential damage，American judicial case and theory theory provides a new way of thinking and specific solution。

But there are still unsatisfactory practices in the United States。Increase compensation for the risk of disease，Opposition that the plaintiff's ultimate disease probability has considerable uncertainty，The plaintiff who supports the symptoms without any illness will be excessive compensation for compensation，It may also lead to the proliferation of litigation and waste of judicial resources。Besides, even if you acknowledge this compensation request，The court also requires the plaintiff to provide a certificate of risk risk that can provide more than 50%higher than 50%，or medical rationality proof。However, toxic substances are often complicated、The principle of harm is uncertain，In medicine、Science and judicial fields are difficult to achieve timely、Fully formulate the standard of toxic substances to the toxic substances，This has led to only a few plaintiffs to meet the requirements for proof。Therefore, the actual operability of this relief pathway and its degree of protection of the victims still need to be improved。

(This article is the study of environmental Bet365 app download damage compensation mechanism under the concept of green development under the concept of green development "(CLS (2018) D64) staged results)

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