Judicial Precedent: The Environmental Infringement Rules Applicable to Indoor Pollution Have Been Determined!
2019/9/17 16:41:00 本站

For a long time, because of the disputes that cause indoor pollution and human health violations caused by home decoration, furniture release and smoking, it has been controversial to apply to product quality infringement or environmental pollution infringement rules. Now, this controversy has been conclusive. In the case of Shao and Tianjin Nanyang Hu's Furniture Manufacturing Co., Ltd., the environmental pollution personal injury compensation case, the court confirmed that due to furniture caused indoor environmental pollution disputes, general disputes applicable to product quality shall apply to the relevant provisions of disputes concerning environmental pollution infringement, and the evidence rules shall be applied to the inversion of the burden of proof.


This judicial jurisprudence, which has already taken effect, has important reference value for China Biodiversity Conservation and Green Development Foundation (CBCGDF)'s first environmental public interest litigation case concerning indoor tobacco control in indoor public places. It also plays an important guiding role for the public suffering from indoor pollution to protect their legitimate rights and interests.


With the rules of the referee:


If the furniture causes disputes caused by indoor environmental pollution, the relevant provisions of environmental pollution infringement disputes shall apply.


- The liability for environmental pollution damage shall be applied to the principle of no-fault liability. The victim in the case of environmental pollution-induced damage shall not have to prove the subjective fault of the perpetrator, nor shall the perpetrator be able to defend himself on the ground that he is not at fault. In practice, the victim is not required to make even the initial evidence of causation, and the perpetrator shall bear the burden of proof in accordance with the exoneration provided by law and the absence of causation between his conduct and the outcome of the damage.

Original Chinese article:


By / Maggie