Research On The Introduction Of Punitive Damage To Environmental Infringement

Environmental infringement is different from general infringement in civil law.First,there is substantial inequality between the infringer and the infringed person,and it is difficult for the infringer to defend his rights.Infringement has the characteristics of concealment and long-term nature.It is difficult to collect evidence and the cause and effect relationship is complex.Infringers often face enormous risks of losing.The difficulty of rights protection and the risk of losing the lawsuit result in the activism of the rights defended by the infringers is not high.Secondly,environmental infringement has multiple infringements of personal rights,property rights,and environmental rights.The damage is complex and socially harmful.It harms private interests and also infringes public interests.This determines that in the design of the environmental infringement relief system,it should pay more attention to the protection of the infringed person and provide a certain tilt to the favorable direction of the victim.At the same time,it must strengthen the containment and prevention of environmental infringement.The punitive features of punitive damages fit well with the needs of environmental infringement relief system design.At present,China’s environmental infringement remedies mainly use compensatory compensation,and compensatory compensation can neither achieve full protection of the infringed nor can it prevent and prevent environmental infringement.At the same time,criminal liability means and administrative responsibility means exist limitations in its appliance.Therefore,it is necessary to apply punitive damages in order to realize the relief of infringers in environmental infringement.First of all,our country’s "punishment" tradition and the urgency of ecological construction have laid a practical foundation for the application of punitive damages and made people more acceptable.Second,punitive damages have already been stipulated in other single-law laws in China,such as the Food Safety Law,which provides a wealth of theoretical knowledge and practical experience in the introduction of punitive damages for environmental violations.Finally,the characteristics of punitive damages are compatible with environmental infringement relief,achieving full remedy for the infringed person,raising the awareness of rights protection of the infringed person,increasing the illegal cost of the company’s environmental pollution and environmental damage,thereby reducing the occurrence of environmental infringement cases.rate.Therefore,environmental infringement should introduce a punitive compensation system.The punitive damages system plays an important role in the relief of environmental infringement.It also needs a set of rigorous system design.It clearly stipulates the conditions for the application of punitive damages,the calculation of the amount,the calculation of the amount,and the vesting of punitive damages to give full play to achieve the function of punitive damages.