Research On The Punitive Damage System Of Ecological Environment Damage

In recent years,with the rapid development of economy,the problem of environmental pollution and ecological damage is becoming more and more serious.The ecological environment suffers a severe impact,which has become an indisputable fact,so it is urgent to relieve the damaged ecological environment.The civil relief system of ecological environment damage in our country applies the principle of compensatory compensation,whose main function is to make up for the loss.But there are deficiencies in making up for the huge loss suffered by the ecological environment,which is not conducive to curb the continued occurrence of environmental pollution and ecological damage.Punitive compensation system,based on the particularity of its function,can fully remedy the damaged ecological environment.The application of punitive compensation system in the field of compensation for ecological environment damage is a beneficial supplement to the current civil relief system,which is conducive to the realization of social equity and justice,and to the construction of environmental legal system in China.The draft of tort liability of Civil Code stipulates the system of punitive compensation for ecological environment damage.It is clear that if the infringer intentionally violates the state regulations to pollute the environment and damage the ecology,resulting in serious consequences,the infringee has the right to request corresponding punitive compensation.In order to enhance the effectiveness of the system of compensation for damage to the ecological environment and effectively curb the occurrence of damage to the ecological environment,punitive compensation should be carried out for the acts that damage the ecological environment,and punitive compensation should be carried out for the infringers with obvious subjective malice.This paper analyzes and proves the necessity and feasibility of applying punitive damages in the field of compensation and relief for ecological environment damage,and puts forward how to build the punitive damages system for ecological environment damage in China.Through defining the calculation method of punitive damages,improving the legal system,establishing the environmental protection fund,we hope to put forward some suggestions for reference,and improve the compensation and relief system of ecological environment damage in China.