On Research On Punitive Damages System In Environmental Civil Public Interest Litigation

At present,China’s ecological environment is not only changing under the background of global warming,but also facing the violent interference and destruction of human activities in the process of high-speed industrialization and urbanization.In recent years,with the increasing number of environmental pollution incidents in China,the number of civil environmental public interest litigation cases has increased significantly.Especially after 2012,with the promulgation and implementation of the civil procedure law,the environmental protection law and several judicial interpretations of the supreme people’s court,China’s environmental civil public interest litigation system and trial mechanism have been initially established.However,this is only a new starting point of environmental civil public interest litigation in China.The judicial protection of environmental public interest has not been effectively played at the present stage,and the lack of substantive legal liability is one of the main reasons for the poor effect of environmental public interest litigation.The legal path to build the punitive damages system in environmental public interest litigation is clear.Due to the compilation of civil code,the civil code(draft)takes the lead in writing the punitive damages system into the chapter of environmental tort liability,which is an important reform of environmental public interest litigation in China.But a new system is not only the environmental public interest litigation has brought the dawn,also the environmental public interest litigation has brought more difficulties and challenges,in this background,this article system,comprehensive and in-depth analysis of the current system of punitive damages in the civil environmental public interest litigation build problems and difficulties,and the corresponding legal advice,to promote the development of the our country civil environmental public interest litigation in judicial practice has important reference value.This paper is divided into six parts.The first part is the introduction,which expounds the background and significance of the topic,summarizes the research results of domestic and foreign scholars on the application of punitive damages system in the field of environmental infringement,and puts forward the research significance of this paper.The second part is the basic theory of punitive damages system in environmental public interest litigation.It mainly expounds the concept,characteristics,functions of environmental public interest litigation andpunitive damages system and the necessity of introducing punitive damages in environmental civil public interest litigation.The third part is the problem of the punitive damages system in the environmental public interest litigation,including the imperfect legal system,the defect of constitutive elements,the unclear application and the dispute of ownership.The fourth part is the experience and enlightenment of foreign environmental damage punitive compensation system.This paper draws lessons from the United States and the United Kingdom’s environmental damage punitive system,and concludes that the punitive compensation system should be strictly applied and the amount of punitive compensation should be scientifically determined.The fifth part to perfect the system of punitive damages in the environmental public interest litigation in our country legal advice,respectively,the third part summarizes the problem put forward the corresponding should perfect our legal system of environmental public interest litigation related entities,clear environmental public interest litigation in the components of the punitive damages responsibility and liability for establishing scientific system of punitive damages calculation standards,and establish and improve related supporting system.The last part is the conclusion,which summarizes the whole paper.