The Introduction Of Punitive Damage Compensation System In Environmental Tort Research

Since the reform and opening up,China’s economy has developed rapidly,but the long-term extensive mode of development has made environmental pollution increasingly serious,which has brought great challenges to China’s environmental problems.Not only environmental pollution damage to the ecosystem,but also by contact,breathing,genetic methods such as gradually to people’s health and property damage,serious northern winter fog haze phenomena is a typical example.In recent years,China’s environmental protection mainly relies on administrative supervision and administrative penalty to force enterprises to reduce pollution,but legislation lags behind in environmental civil liability.When environmental pollution violations to the victim’s personal and property safety,because of the damage compensation system is not sound,not only can not give the victim adequate compensation,more stimulating the enterprises carry out effective prevention and control of pollution.Therefore,it is urgent to improve the environmental damage compensation system.Ephraim economics as analysis tool,this paper puts forward the introduction of punitive damages system in environmental tort’s point of view,and for the construction of punitive damages system analysis of the theory and specific institutional arrangements to make.The first part of the article,the author first proposed for the analysis of the problems and main analyzing method,and the existing main point was critical,determine the efficiency of the usage economics analysis of environmental problems,has been clear about the direction for the future analysis,finally to the basic theory of economic analysis tools to carry on the simple introduction,lay a theoretical foundation for later analysis.The second part of the article mainly from the Angle of the micro and macro analysis of the causes of the environmental problems,points out that the externality of economic activities is the fundamental cause of environmental tort,make matting for the third part of the solution of the environmental problems.The third part of the article puts forward two solutions to environmental problems,system of compensatory damages and punitive damages system,and the cost benefit analysis method,compares the two kinds of the rationality and necessity of punitive compensation system is put forward.The fourth part of the article combines the legal economics foundation of punitive damage compensation system to construct the punitive damage compensation system.