Research On Punitive Compensation For Environmental Tort In China's Enterprises

With the continuous development of society and economy,environmental pollution has become more and more serious as a by-product of economic development.The phenomenon of environmental tort in enterprises is very common.Environmental tort is a kind of infringement to the specific public in a specific area,and it has great difference with the civil tort case only for specific parties.Because of the latent,scope,unspecific and irreversibility of the environmental tort,it should pay more attention to the containment of tort and the maintenance of the public's environmental interests.However,the current system of environmental civil liability of environmental tort,although the problems involved,but one of the obvious problems is that the environmental tort cannot distinguish malicious subjective behavior,and environmental administrative and criminal liability system is also subject to the limitation of the characteristic,can not effectively curb the malicious environmental tort.Therefore,the author from the current law on this issue for the purpose of regulation,suggestions for such malicious environmental tort enterprises apply the punitive compensation system,in order to use the special function of this system,the formation of corporate environmental tort problem more clear and detailed legal regulation.The main content of this article is divided into five parts.The first part is introduction,mainly for the research background,literature review,research significance,research methods and innovation of this paper is described,laying the groundwork for the following research.The second part is about the basic content of punitive damages.Through the analysis of the concept of punitive damages system,in order to understand the macro definition of the punitive compensation system;based on different theories,to analyze the nature of punitive damages,the author agrees with the proposed punitive damages belongs to the economic law responsibility;and through the analysis of the function of punitive damages,in order to explain the punitive compensation system to punish malicious corporate environmental tort has its inherent advantages.The third part is mainly about the explanation of the legitimacy of the introduction and application of punitive damages system in enterprise environmental infringement.It is necessary and feasible to introduce the punitive damages system inthe environmental tort cases through the realistic demand and the refutation of the introduction of the system in the question of environmental infringement.The fourth part,through the interpretation of China's current lack of environmental responsibility system,as well as the difficulties encountered in our system of punitive damages in the existing relevant laws applicable.As a result,and put forward that should be paid attention to introduce the punitive compensation system in environmental tort issue in enterprise.The fifth part,the author through to the punitive compensation system of enterprise environmental tort applicable conditions,compensation and ownership,determine the reasonable security measures of punitive damages in environmental tort cases put forward enterprise point of view,combined with the current focus on a high degree of public interest litigation,the system of punitive damages in the lawsuit introduce and apply practical suggestions.