A Study On Punitive Compensation System Of Environmental Tort In China

In recent years,China's environmental pollution and ecological damage is becoming increasingly serious,major malignant environmental pollution and ecological damage events frequently,and the corresponding environmental pollution related to the number of infringement litigation disputes also gradually increased.China's traditional system of compensation for compensation claims the principle of homogeneous compensation,fill in the principle,but the environmental infringement is indirect,potential,serious consequences of damage and subject status inequality and other characteristics,so continue to apply the principle of homogeneous compensation in essence To achieve the effect of filling,it is difficult to achieve substantial fairness,the scope and intensity of the traditional tort system can not completely fill the damage caused by environmental infringement,it is difficult to effectively curb and prevent the occurrence of follow-up environmental infringement.The punitive damages system is based on its own characteristics,is no longer limited to the principle of homogeneous compensation,punitive and significant function can effectively fill the damage caused by environmental infringement,to achieve the punishment of environmental infringers,which can lead to follow-up environmental infringement And the role of prevention.The application of punitive damages system for environmental infringement can effectively make up the deficiency of the current tort system,which can help to realize the real justice of society and can realize the goal of protecting the environment and ecology relatively effectively.This paper is divided into four parts:The first part introduces the system of environmental tort and punitive damages.Firstly,it introduces the concept of environmental tort and explains the basic connotation of environmental tort.Secondly,it introduces the particularity of environmental tort and the limitation of the current environmental legal system,which indicates that the current environmental legal system is difficult to adapt to the special nature of environmental tort.This paper introduces the basic connotation of the punitive damages system and the main function of the punitive damages system,which shows that the introduction of the punitive damages system can effectively meet the special requirements of environmental tort.The second part introduces the necessity of applying punitive damages system for environmental infringement.First,the application of punitive damages system for environmental tort is a requirement of substantive justice.Finally,the application of punitive damages system for environmental infringement can effectively deter and deter and reduce the risk of environmental infringement.Social costs.This section shows that the application of punitive damages for environmental infringement is quite necessary.The third part introduces the feasibility of applying punitive damages system for environmental infringement.First of all,China has imposed punitive damages in other special fields and other countries and regions in the implementation of punitive damages in environmental tort litigation system proved the feasibility of the system;secondly,in the theoretical circles for environmental tort punitive system appeal and theory The results provide a viable theoretical support for the system.Therefore,the application of punitive damages system for environmental infringement has certain feasibility.The fourth part introduces the construction of the system of punitive damages for environmental tort.Mainly related to the constituent elements of environmental tort punitive damages,the amount of compensation calculation model,the amount of punitive damages considerations,the subject of environmental public interest litigation and the eligibility criteria and the amount of compensation should be included in the special range,the integration of these aspects Consider,try to build a system of punitive damages in environmental infringement.