The Theory Of Environmental Tort Of Punitive Damages

Punitive damages environment infringement is in recent years,the civil law and environmental law scholars focus on research and discussion of one of the thesis,frequent environmental disputes in our country,research of environmental tort relief problems still has important practical significance.To apply punitive damages in the environmental tort,although some scholars think that should be attached to certain constraints,but in the environment infringement applicable punitive damages has basically become a community consensus.But our country environment tort punitive damages the specific design of the system,the applicable condition of the system,the applicable scope as well as the determination of compensation concrete applicable rules still exist many disputes.Environment infringement cases in China and the provisions of the relevant legislation on the basis of comprehensive evaluation of existing academic point of view put forward some my own opinion.In this paper,in addition to the epilogue,is divided into five chapters to discuss:The first chapter is introduction,briefly expounds the research background,research significance,research status quo of the article,the research content and research methods such as basic information,and at the head of the full text.The second chapter introduces the environment tort that the origins of punitive damages.Pointed out based on the particularity of environmental tort,designed for common tort infringement system exists in the environmental tort relief function is missing,need to make up a reasonable system,and with multiple functions of punitive damages happens to fit with them.The third chapter carries on the above,this paper discusses the necessity and feasibility of punitive damages in environment infringement.First from punitive damages compensation,punishment,deterrence and the Angle our country environment tort incentive functions such as the necessity of punitive damages,secondly from social concept,justice theory and domestic legislation and Angle to analyze the feasibility of the efficiency and cost.The fourth chapter is our country environment tort punitive damages constitutive requirements of the specific design.Because of the punitive damages both the role of thevictim and punish perpetrators compensation at the same time,apply the punitive compensation is always a strong protection of the victim's rights and interests,based on its severity,should meet the more stringent "four elements".The fifth chapter is about the amount of punitive damages measure of environmental infringement in our country.In order to prevent the abuse of punitive damages,must adopt scientific and reasonable method of calculating and setting clear account in standard,comprehensive consider all possible factors that affect the compensation results.