National first: newborn deaths caused by the compensation for decoration (Photos).

<p> Currently, home decoration indoor air pollution is generated from a hidden killer. .In this regard, the person said that the new purchase home and "re-decoration" to residential radon, formaldehyde, benzene, ammonia and other organic compounds that onset (TVOC) exceeding five kinds of harmful substances is widespread. .People urged to make the indoor environment related to compulsory inspection system. .</ P> <P> <P> <p> decoration materials testing personnel are being checked. .Sand wave photo </ p> <p align="center"> </ p> <p align="center"> </ p> <p> Beijing, "decreased by 95% formaldehyde, benzene, 96% down, ammonia decreased .92% of the "Clear decoration pollution of advertising to attract people's attention. .Nanshan Photo </ p> <p> Nowadays, environmental pollution has become a topic of general concern in life, air, water, noise, food and beverage, life soaring, building renovation ... ... It is not only about human health, but also .about the quality of the people of civilized life. .</ P> <p> developed a lot of regulations to protect the environment, but the problem is the legislation first, enforcement lags behind many environmental problems related to people's daily life did not rise to the relevant departments and enterprises attach great importance. .Thus, the state banned the sale of contaminated products are still some areas, today published the story is an example. .--- Edit Notes </ p> <p> Jiangsu, a newly married couple moved into their new homes new homes renovated. .A year later, his wife give birth to deformed children. .After the couple difficulties and setbacks, to identify due to renovation company has not made waterproof layer in accordance with national regulations, the use of national disabled waterproof material, resulting in water containing toluene, chlorobenzene, xylene, ethyl benzeneand other toxic and harmful substances. .</ P> <p> husband and wife will be renovated company to court, claims for mental damages, neonatal death compensation. .</ P> <p> birth a few minutes of death, could obtain substantial compensation for death? .Whether the compensation of the adult standards? .Court for a second trial took three years to his wife give birth to deformed children ... ... </ p> <p> 32-year-old Yang Ting, Changzhou City in Jiangsu Province, a bank, 31-year-old wife, Zhang Jie operating room to work in the communications company. . ≪/P > <p> 16 January 2004, nine months of pregnancy Zhang Jie and Child Health Hospital in Changzhou City, a multiple birth to deformed babies. .</ P> <p> hospital with the approval of Yang Ting, Zhang Jie agreed to suspend the rescue after the baby died at birth less than 2 minutes. .The couple asked the hospital to conduct an autopsy on the infant, were diagnosed as: edema, ascites and pleural fluids, in line with other diseases as polycythemia. .</ P> <p> After the incident, the couple went to the First People's Hospital of Changzhou City, the blood test. .Inspection report, the two blood problems. .</ P> <p> "us the body has been good, how sudden changes in blood, maternal neonatal malformations and other anomalies? ."They do this restless, in and around the cities of Changzhou hospital but did not find out why. .The two then came to Shanghai hospital, experts believe that examination, Zhang Jie during pregnancy had a long-term "benzene" history of exposure. .Benzene found in drinking water, material </ p> <p> the couple returned to the house to look after CHANGZHOU end of the month overturned, it could not find the reasons for benzene poisoning. .After they had moved into new homes, often smell an odor in tap water, tap water will contain benzene?. </P > <p> 8 months of 2004, their water pipes from their homes to take water samples to the Centers for Disease Control, Changzhou, testing and found that even in water containing toluene, chlorobenzene, xylene, ethylbenzene, PCE, etc. . a variety of toxic and hazardous substances. . ≪/P > <p> 2004 11 months, they again bottled water samples to the testing center, also detected the variety of toxic and harmful substances. .</ P> <p> December the same year, Yang Ting's mother turn to drinking water, Changzhou City Environmental Monitoring Center, and the results of cold and hot water pipes were detected toluene, xylene, chlorobenzene. .Law fitting </ p> <p> poisoning water in the outflow of water supply will not be a problem with the water company? .Young couple find a water company, the other answer: millions of people throughout the city drinking water, human life, our 24-hour monitoring of water sources, never found an exception. . ≪/P > <p> will not be a problem with the pipes at home?. </P > <p> 2002 4 months, Yang Ting, a district in Changzhou, bought a house, a work commissioned by the interior design company, Changzhou Jing (the " jing Industry Co., Ltd. "), the decoration, the two sides signed the " home decoration .renovation construction contract. " .By convention, water pipe purchased, installed by Yang Ting couple themselves. .So Yong Yang Ting still decorated with the local company (the Wing is still the company) bought something called "Guardian of water treasure" of the PP-R pipes and pipe fittings, Wing is still the company sent home installation. .Housing renovation work was completed that year in August, September and Yang Ting Zhang Jie stay. .</ P> <p> couple that suspects the largest pipe! .The distribution pipe Wing is still the company took out a lot of evidence repeatedly assured the absolute quality of the pipes pass. .</ P> <p> water plant water supply is no problem, noproblem tap water quality, toxic water in the end come from? .Yang Ting and his wife, after some investigation found that, in accordance with "the Ministry of Construction for construction of residential decoration" Request: "embedded walls, the ground water pipes should be embalmed and protected with cement mortar, and its thickness shall meet the following requirements: Embed .ground pipe is not less than 10mm. . "However, Jing and Industrial construction not in accordance with the specifications, but directly on the ground water in the pipe laying brick after construction, resulting in direct contact with water with the waterproof coating. .And they use waterproof coating is July 2001 the Ministry of Construction announced the tar out of neoprene type waterproof coating. .First instance awarded 50,000 yuan </p > <p> 22 October 2004, Yang Ting couple to the clock tower area, Changzhou City, filed suit, the jing Industry Co., Ltd., the Wing is still the company taken to court, asking the two defendants for compensation for medical expenses, funeral expenses, mental damages, compensation and other neonatal death total of 32 million yuan. .</ P> <p> Yang Ting couple, the suit said: Jing illegal workers in the construction of the pipe directly contacts with the waterproof neoprene coating, leading to water pollution; Wing is still in the process of selling and installing water pipes, .PP-R pipe is not to perform is not in direct contact with the obligations of neoprene, violated their right to know. .The behavior of the two companies led to the consequences of damage to their bodies, and infant mortality there is a direct causal relationship, should have to bear legal responsibility. .</ P> <p> jing Industry Co., Ltd., said the plaintiff to buy their own water from the Wing is still the company responsible for delivery and installation. .The plaintiff is the developer of housing construction with a waterproof coating,the Wing is still the company to install water pipes in a waterproof coating. .In order to ensure watertight, they follow the requirements of the plaintiff in the original by adding a layer of waterproof material waterproof coating. .Jing Engineering Company believes that normal, healthy couples may also be bred fetal malformation, fetal malformation and death in a variety of factors, the plaintiff must show a sufficient basis for the construction and description of a causal relationship between infant mortality and distinguish cause against the .companies use the waterproof coating or housing developers to use the paint. .</ P> <p> Wing is still the company show that they sold to the plaintiff's water by the state health administrative department for approval, is consistent with safe drinking water, sanitation license with product imports. .</ P> <p> two defendants at the same time that the neonatal mortality and adult mortality compensation standards should be different standards of compensation, the plaintiffs seek compensation for death compensation and funeral expenses, death of two adults, according to standard, no legal basis .; plaintiff requested payment of death compensation, and a request to pay in emotional, is a duplicate claim. . ≪/P > <p> 12 April 2006, the clock tower area, Changzhou City, the first instance court ruling on the case. .</ P> <p> court held that the banner decoration engineering companies as engaged in the construction of the professional enterprises, the use of the materials must comply with national standards and may not use the obsolete material. .Case, Jing workers do not meet the company apparently decoration specifications. .</ P> <p> Wing is still the company in the normal operating procedures in the plaintiff kitchen, bathroom laying of water pipes, there is no impropriety. .Although there is no evidence that Wing is still the company's construction of the pipe, use, maintenance requirements inform the plaintiff or jing Industry Co., Ltd., there are service deficiencies, but the work's defects and Jing behavior and the consequences of personal injury suffered by the plaintiff and .No causal relationship. .</ P> <p> violation of the banner work for construction companies, leading to the plaintiff in the newly renovated house to stay after the damage to health, but also occurs as the deformed babies born to the plaintiff, the death of the unfortunate incident, the plaintiff had to calm .cast a shadow over the lives, does adversely affect the plaintiff's physical and mental health, adding to the psychological burden of the plaintiff and pressure, so the company should pay the plaintiff Jing must work the spirit of solatium. .</ P> <p> court Jing work paid solatium 5 million plaintiffs moral damages; jing Industry Co., Ltd. is responsible for the plaintiff kitchen, bathroom water pipes and other water pipes coated with neoprene, in accordance with the "building .Department for construction of residential decoration "requirement to re-schedule set, the ground water re-construction, not destruction of other facilities within the room, items. .</ P> <p> neonatal death born plaintiff, there may be a variety of internal and external reasons, the plaintiff is no evidence that the consequences of the damage and causal relationship between the defendant's behavior, so the plaintiffs requested compensation for death, according to not support it. .Compensation for the second trial were 16 million </ p> <p> the first trial, against his wife Yang Ting appeal to the Changzhou Intermediate People's Court said: the case for the special cases of infringement, according to the law of evidence should be reversed appellee; baby is born .legitimate citizens were personal injury neonatal death, relatives also have the right to obtain compensation, request payment of compensation and death in emotional, not a duplication of compensation. .</ P> <p> Changzhou Intermediate People's Court that the present case, Department of personal injury caused by environmental pollution disputes, according to the relevant provisions of law and judicial interpretation, the case burden of proof should be reversed, that is, from banner Industry Co., Ltd., Wing is still the company of one's own .behavior and the consequences of the appellant stated there is no causal relationship between the burden of proof. .Wing is still the company has evidence that its product qualification, therefore, the use of our products there is no fault. .The Public Company failed to adduce evidence to prove Jing Yang Ting, Zhang Jie home drinking water contaminated by benzene and its use of substances has nothing to do out of neoprene, it shall be determined to drinking water contaminated by benzene class born with fetal malformations Zhang Jie .direct causal relationship. . ≪/P > <p> 5 months of 2008, Changzhou Intermediate People ' s Court verdict. .</ P> <p> court held that although the appellant was born baby born alive after less than 2 minutes, but against the occurrence of environmental pollution due to abnormal causes of death, the death compensation claim was not inappropriate. .However, with the fetus and fetal deformity quality of life after birth, the survival rate are closely related. .Zhang Jie from the hospital to see patients records, birth A Puka (APGAR) score was 1 point, and the couple has made clear that giving up the rescue, so the death of the fetus, Department of the result of several factors. .Fault liability based on the size of the case, death compensation shall be Yang Ting, Zhang Jing Jie couples and co-workers committed 50% of each of the parties bear responsibility for the appellant Jing workers compensated 113,070 yuan compensation for death. .</ P> <p> court also held that death compensation case can not be equated with the spirit of the solatium, upheld workers compensated Yang Jing Ting, Zhang Jie 5 million couples in emotional decision; upheld jing Industry Co., Ltd. to re-schedule .based water decision. .</ P> <p> the case after the first trial, second trial lasted more than three years, Yang Ting, Zhang Jie couple received 163,070 yuan in damages. . (Text characters pseudonym) </ p> <p> by Case </ p> <p> newborns also have civil rights </ p> <p> Mengya Sheng </ p> <p> Nanjing University, Nanjing Normal University, an expert civil law .that compensation for property loss compensation for death metal, is due to the victim caused by the death of their family income is reduced, causing economic losses of a material compensation, and compensation for such losses should be the right person in real life places linked to income and other factors. . ≪/P > <p> 1st May 2004, implementation of the Supreme Court case " on compensation for personal injury trial law applicable to a number of issues of interpretation, the twenty-ninth " article: " death compensation in accordance with the by the seat of the Court of Appeal .One year of urban residents per capita disposable income per capita net income of rural residents, or standards, calculated by two decades. ."" Civil Law "Article IX provides:" A citizen from birth to death and only has capacity for civil rights, shall enjoy civil rights and assume civil obligations. ."In accordance with the provisions of the fetus after birth, there is a corresponding civil rights, the law only to urban residents, rural residents and 60 years old standard of compensation for death compensation to the special provisions, and does not require neonatal death are not personal injury claims .or death compensation standards and adults differ, so Changzhou Intermediate People's Court of newborn deaths in the same right to claim compensation for death decision is the law. .</ P> <p> experts say, the spirit of death compensation and solatium can also claim, frequently arguing the judicial practice of the past, often to death in emotional damages and mixed with relatives, that death is the moral damage compensation .solatium, the two choose one. .This view is mainly from March 10, 2001 into effect of the Supreme People's Court "on the determination of tort liability for damages the spirit of a number of issues of interpretation" Article IX provides: "The spirit of the solatium include the following manner: (a) .cause of disability for disability compensation; (b) Death for death compensation; (c) other circumstances the spirit of the solatium damages. ."The May 1, 2004 shall come into force of the" Supreme Court cases on the trial for personal injury compensation law a number of issues of interpretation "clearly stipulates that compensation for death is the death of the victim caused by reduction of their household income, suffered financial losses .a material compensation; spirit solatium is to be filled, soothe the suffering of the families of lost loved ones to their spiritual compensation, both can claim, the court may also be protected. .This major change in the interpretation of the third sixteen with the provisions of paragraph two: " In the interpretation of the entry into force before the promulgation of the purposes of judicial interpretation, and its contents are inconsistent with this interpretation to the interpretation shall prevail. ."Changzhou Intermediate People's Court Ting Yang, Zhang Jie couple also claims to protect both interests at the same time is correct. .</ P> <p> Supreme People's Court "on the Civil Evidence provides that" Article IV of the eight Juzhengdaozhi rules, second paragraph which, due to environmental pollution, an action for damages caused by the perpetrators to the law .The defenses, and their behavior and the damage there is no causal relationship between the results of the burden of proof. .The case is a home improvement personal injury caused by environmental pollution disputes, the implementation of Juzhengdaozhi a legal basis. .</ P> <p> Nanjing Maternal and Child Health Hospital, said in an interview experts in obstetrics, A Puka (APGAR) score is a simple clinical evaluation of the degree of asphyxia at birth just discussed, including heart rate, breathing, on the stimulation .response, muscle tone and skin color and other five, each 0 to 2 points, a total of 10 points, scoring higher degree of suffocation, said the lighter, higher survival rates. .Case, Yang Ting, Zhang Jie couple of newborns born to A Puka (APGAR) score was 1 point, indicating that the baby's severe multiple organ abnormalities, the survival rate is very low, may have been many violations, the court found .Department of infant deaths the result of a variety of factors have some scientific basis. .</ P>.