The Application Of Punitive Damages System In Environmental Civil Public Interest Litigation

In recent years,the increasingly severe environmental situation has increasingly raised the demand for environmental public interest litigation.Environmental civil public interest litigation has a significant practical role as an important weapon for the public to protect the environment.How to make environmental civil public interest litigation play a greater role is part of our attention.Based on judicial practice,the compensation compensation system applicable in environmental civil public interest litigation can not make reasonable compensation to the victim,and can not punish the defendant,making the environmental civil public interest litigation difficult to effectively protect the rights of victims curb environmental infringement.and practicing the deadlock of regeneration.In view of this,this paper analyzes the punitive damages system and analyzes its suitability with environmental civil public interest litigation,in order to provide a favorable reference for the development of environmental civil public interest litigation.The main contents are as follows:The first part starts with the background of the selected topic,and puts forward the reasons for applying punitive damages in the current environmental civil public interest litigation,and analyzes the significance of the research in both theory and practice.Through the investigation of the status quo of research at home and abroad,the relevant literatures of the topic are sorted out,and the current development of the topic is understood.Explain the research methods of the paper and analyze the innovation and deficiency of the paper.Lay the foundation for the overall study of the paper.The second part focuses on the introduction of environmental civil public interest litigation and punitive damages,the definition of environmental civil public interest litigation,the suitability of plaintiff,the compensation mechanism(compensatory compensation)and the development of punitive damages system,legal nature,function,etc.Summarize the aspects and compare and analyze the punitive damages and compensatory compensation.The third part studies the suitability of environmental civil public interestlitigation and punitive damages system.By analyzing the limitations of compensatory compensation system,the uniqueness of punitive damages system and the particularity of environmental civil public interest litigation,the necessity of applying punitive damages system in environmental civil public interest litigation.Through the analysis of practical foundations in China,and the advanced theory and practical experience outside the domain,the feasibility of applying the punitive damages system in environmental civil public interest litigation is explored.The fourth part focuses on the investigation of the advanced experience of the countries in the relevant fields in the relevant countries.The United Kingdom and the United States,which have matured the punitive damages system,are the subject of investigation.The applicable conditions and punitive damages are imposed on the punitive damages system in the United Kingdom and the United States.The determination and other aspects are investigated to explore its advanced practices in the application of the punitive damages system,and provide reference for the successful introduction of environmental civil public interest litigation in China’s punitive damages system.The fifth part,as the foothold of the thesis,rationally sets the punitive damages for environmental civil public interest litigation in China.Based on the applicable conditions of subjective,objective,causal relationship,etc.of punitive damages,determine the scope of compensation,the specific amount and the final attribution of punitive damages.And through the establishment of corporate mutual fund system,environmental public welfare labor system,and strengthen the interface with environmental administrative law enforcement to establish a supporting mechanism for the application of punitive damages,In order to provide a reference paradigm for the application of punitive damages in environmental civil public interest litigation in China.