Punitive Damages In The Environmental Infringement Of The Application

Environment Tort gains more and more attention in contemporary society. CompensatoryDamages as one kind of compensating for environment tort become more and moreunsuitable. However, Punitive Compensation System, as one special kind of compensationsystems, can meet the requirements of environment tort compensation better due to its specialcharacteristics and functions. The thesis consists of three chapters. The first part of this thesismainly focuses on the function of the Punitive Compensation, the critical perspective on itand its embodiment in Chinese Law. It points out that punishment, compensation, andprevention are its three strong functions, and the critical perspective on it is wrong. In thesecond part, it combined the Environment Tort and Punitive Compensation. Through legalprinciple analysis and economics demonstration, it proves that bring the PunitiveCompensation in the environment tort is reasonable. The third section explain the necessity ofPunitive Compensation System in Environment Tort from various aspects, such as theinsufficient of the traditional compensate system, the severe situation of current environmenttort, the protection to the vulnerable groups, and the insufficient of some other regime. Inaddition to this, it also proved that the Punitive Compensation System is feasible fromfollowing aspects: the precedent of home and aboard, the particularity of environment tort, theacademic support and the fact that the whole society pursues a value orientation of substantialfairness. This part contains abundance of real data and related cases. In the last part, it shows thatthe construct of the whole Punitive Compensation System in environment tort is inclined to thefeasibility and availability in real cases. The author also expressed that hopes the aboveanalysis would be useful to correlational research.