Study Infringement Punitive Damages Ecological System

Ecological environment is the material basis of human survival and development, and it provides natural conditions for biodiversity. In recent years, with the rapid economic development, the accelerating in process of urbanization, unreasonable exploitation and utilization of natural resources and indiscriminate discharge of pollutants, some issues caused by which such as the loss of soil and water resources, severe land desertification and salinization and ecosystem imbalance have become increasingly prominent. Destruction of the ecological environment poses a serious threat to people's living environment and people's lives and health, therefore, the problem of ecological security can't be ignored. From the perspective of civil liability in ecological infringement, some related theories of punitive damages system have been systematically studied, based on which I hope that the system can be introduced in the field of ecological infringement in order to punish and deter behaviors of the ecological infringement, fully protect the ecological rights of the victims, effectively maintain social fairness and justice and achieve sustainable development of the ecological environment. On the whole, the article is divided into five parts.The first part mainly demonstrates the necessity of introducing the punitive damages in the field of eco-infringement. Firstly, the connotations of ecological interests and overall interests of society are defined, which illustrates the damage of the ecological interests is essentially the damage of the public interests. However, fill damages can't do the full and complete relief for the damage of the ecological interests, therefore, the punitive damages system must be introduced; Secondly, I explains that the essence of justice is the value request and the ultimate goal of the punitive compensation system of the ecological infringement; In final, it is illustrated that punitive damages can effectively curb the behavior of ecological damage.The second part discusses the applicable conditions of the punitive damages system of the ecological infringement. The applicable conditions of the punitive damages system and other factors needed to be considered are illustrated by the three aspects which are the subjectively serious faults of the infringer, the seriously ecological damage behaviors implemented by the infringer, the serious results of ecological damage resulted in.The third part discusses the main part of responsibility of the punitive damages system of the ecological infringement from three different angles. The article makes some set forth in detail for them in general and special circumstances when the nature person, the legal person and other organizations are put as responsible bodies.The fourth part mainly discusses the question that how to determine the amount of the punitive damages and how to determine the ownership and distribution of the amount of the punitive damages. The part illustrates the determination and distribution of the amount of the punitive damages from these factors which include the calculation principle of the amount of compensation, the scope of the punitive damages of the ecological infringement, the calculation models and the calculation methods of the punitive damages and some factors needed be considered when determine the amount of the punitive damages.The fifth part demonstrates the specifically applicable circumstances of the diminished responsibilities and exemptions in the punitive damages system of the ecological infringement from three aspects which include the majeure, the intention of the victim and the fault of a third party.