Study On The System Of Punitive Damages Introduced Into Our Country Environmental Torts

In recent years, people’s material life level with the large-scale development of industrialization and urbanization and has greatly improved, but also brings a series of environmental problems at the same time, such as increasingly serious environmental pollution and ecological destruction phenomenon, aspects of the environment infringement cases are increasing. Due to the traditional environmental tort relief system in our country in the limitations of compensatory damages, not only does not make the victim’s damage get adequate relief, but also can’t effectively punish and curb environmental tort infringer, therefore in the environmental tort relief should consider introducing a superior traditional compensation system. Punitive damages system with its unique function such as punishment, contain for our country environment tort relief provides a new direction, the introduction of punitive damages is taken into account in our country environment. It not only can save the victim’s material and spiritual damage such as adequate relief, but also can make the environment and its high punitive damages the infringer we will continue to implement the environmental tort phenomenon can be effectively curbed, more conducive to the realization of social justice and substance justice value.This article is divided into four parts:the first is introduction, the last is conclusion. The first part of this paper summarizes the related theory of environmental tort. This paper introduces the concept of environmental tort and content, and analyzes the particularity of environment infringement which is different from general infringement. The second part starting from the concept and function of punitive damages, the emergence and development of punitive damages system at home and abroad which are introduced, and then with the compensatory damages and spiritual damages, administrative penalties and criminal penalties, etc, analyzes the similarities and differences, in order to better understand the system of punitive damages. The third part introduced in the environment infringement the necessity and feasibility of punitive damages system which has carried on the thorough analysis, and then starting from the legal basis. The article introduces the punitive compensation system of environmental tort which is conducive to the realization of substantial justice value and two aspects carries on the analysis of the disposition of resources, the introduction of punitive damages system in environmental tort that has the rationality, finally through the method of the theory of cost benefit analysis of economics. It is concluded that the introduction of punitive damages system in the environmental infringement can make the internalization of external cost of environment infringement. The fourth part of the introduction of punitive damages in our country environment tort relief system design put forward its own views, from the applicable condition, applicable scope, justifications, punitive damages, and other issues related to consider these five aspects are analyzed and discussed, try to introduce the punitive compensation system of environmental tort in our country.