Study On The Problems And Countermeasures Of The Application Of Punitive Damages For Ecological Tort

In recent years,the rapid economic development has caused most of the subjects of ecological environmental infringements to choose between "infringement costs" and "economic benefits",and most of them will choose the latter,which is also the main reason for the deterioration of our country’s ecological environment.Mere "compensatory damages" are no longer sufficient to effectively punish violations of the ecological environment.Based on this,my country’s already promulgated "Civil Code" has added corresponding punitive damages in Article 1232.Before the "Civil Code" was promulgated,punitive damages were only stipulated in areas such as food safety and consumer rights protection,but were not applied to the field of ecological infringement.This time,the "Civil Code" added punitive damages for environmental pollution and ecological damage.Compensation undoubtedly provides a more comprehensive protection for the ecological interests and the rights and interests of the infringed.However,before the promulgation of the "Civil Code",there were only cases of ecological tort punitive damages in our judicial practice,and there were no specific cases of punitive damages for ecological torts.In addition,the "Civil Code" only made principled provisions.,Did not make clear provisions on the calculation and attribution of punitive damages involved in some specific issues in judicial practice.In view of this,this article expounds the system of punitive damages for ecological infringement,analyzes the current status and existing problems of punitive damages for ecological infringement in current judicial practice,and hopes to provide a beneficial reference in the specific application process.In general,the content of the article is roughly divided into four chapters.The first chapter is mainly to sort out the basic theories of ecological tort,punitive damages,and punitive damages for ecological torts.Summarize the concept and constituent elements of ecological tort;the definition and legal nature of punitive damages;the legal relationship,imputation principle,applicable conditions and scope of punitive damages for ecological torts,and analyze the system of punitive damages for ecological torts in my country value.The second chapter mainly analyzes the current judicial status and application of punitive damages for ecological infringement in my country.After a case search,summarize the current application of the system in my country’s judicial practice,and then summarize the current status of my country,on this basis,analyze the calculation model of the compensation amount and the discretion of the judge in the application of my country’s ecological tort punitive damages system.There are problems in the boundaries of rights,the ownership of compensation,and the judicial appraisal of the ecological environment.The third chapter is mainly about the experience of punitive damages for foreign ecological infringement.The article mainly selects the UK and the United States,where the punitive damages system is relatively mature,as the focus of the explanation.It successively introduces the relevant provisions of the two countries on the applicable conditions and the determination of punitive damages,analyzes and summarizes the advanced experience of the two countries,and provides for my country’s The application of punitive damages in the field of ecological infringement provides practical experience.The fourth chapter is mainly thinking about perfecting the punitive compensation for ecological infringement.On the basis of emphasizing adherence to the concept of dual protection,the article puts forward suggestions on the application of the second part from both legislative and judicial aspects,in order to offer a reference for the application of punitive damages in the field of ecological infringement in our country.