On Punitive Damages In The Application Of Our Environmental Tort

Punitive damages is derived from Britain, and it is included by many country's civil relief system in Anglo-American legal system. It has essential difference among parity compensation, criminal fine and administrative punishment, besides, it has varied functions of compensation, punishment, intimidation and education.Modern China economic's rapid development enriches people's material life, but it is accompanied by environmental pollution and ecological deterioration which not only seriously injure people's personal rights, property rights and environmental rights, but also hinder the accord development between human and nature. How to deal with various environmental tortious cases has become the focus in academic world even in our nation. In view of the particularity of environmental torts, parity compensation which applies in our country's environmental tortious dispute cannot meet the needs of social development any more, so that it not only contuses the labors' enthusiasm of proceeding but also connives at the polluter's pollutional behaviors, that will go against preventing environmental torts happening again. Therefore, it's necessary to bring punitive damages into the relief system of environmental torts, meanwhile it's more favorable for social justice and real fairness.The paper has a systematic discussion from four aspects including the outline and historical evolution of punitive damages, the necessity and feasibility of leading in punitive damages and the design of punitive damages in environmental torts's system. Aim at by leading in punitive damages to remedy the disadvantages of relief modes in current environmental torts, thus to perfect the civil liability system of our country's environmental torts continuously, and promote the construction of socialist legal system. The contents of the essay are arranged as follws:Part I:Outline. This part mainly introduces the historical origin,the concept, characteristic and function of punitive damages, as well as the differences and connections in related legal terms, such as comparing its differences and connections with punitive damages, parity compensation, criminal fine, administrative punishment and spiritual damage compensation, etc.Part II:The necessity and feasibility of punitive damages. That is to seek the support of punitive damage's application in environmental torts, including jurisprudence, economics and social life etc. In terms of necessity, it mainly discusses the severe current situation of our country's environment and the deficiency of accountability in environmental torts. In terms of feasibility, it mainly discusses the significance of punitive damage's application in our country in views of historical tradition, social foundation and economic foundation. Part III:The confirmation of applicable condition and compensation money total, as well as the design of related systems. That is, while using punitive damages in the environmental torts, some certain conditions are needed, for example, the polluter has faults or the victim offer it. Meanwhile, When a judge sentences on the polluter to bear the punitive damages, he must consider the factors such as the degree of fault, the level of prevention, and the probability victim to seek for legal relief, find that the punitive damages should be equal to the performance of errors'reciprocal, thus determine a optimum amount so as to maitain the social justice.