Damage Compensation and Protection of Rights in Environmental Health Torts -- Based on the Principle of Priority of Health Right in Environmental Law

Abstract

The analysis of the correlation between human beings and the natural environment shows that the natural environment is the foundation of the right to health, and from the perspective of environmental law, the latter leads to the notion of Priority of Health Right, which must be institutionalized in order to truly implant it into the teleological dimension of environmental law, so that it can become a working principle that unifies the legislative notion and judicial practice, thus realizing the protection of public health rights. In order to apply and implement the principle of priority of health right, this paper focuses on the litigation system of eco-environmental damage compensation, and proposes an optimal path to strengthen the protection of public health rights from two perspectives: the standardization of the appraisal system and the elaboration of moral damage.