Research On Punitive Compensation Liability For Ecological Environmental Damage

The "Civil Code" created punitive compensation liability in Article 1232,but it is only applicable when pollution or destruction of the ecological environment causes serious damage to the rights and interests of private subjects such as life or health.This liability is punitive compensation liability for environmental infringement rather than punitive compensation liability for environmental damage.The legislation stipulates punitive compensation liability to protect the ecological environment,but limits it to environmental infringement conditions,emphasizing the importance of private rights and ignoring the relief of damaged ecological environment,which is not logically self-consistent.No punitive compensation liability for damage to the ecological environment is stipulated.On the one hand,it is an underestimation of the value of the ecological environment.Under such conditions,it is difficult for infringers to understand the cost of ecological damage relief,and it is also not conducive to the overall restoration of the ecological environment.On the other hand,it has not responded to the actual needs of relieving the damage to the ecological environment.The current legislation lacks punishment for acts that seriously damage the ecological environment,and the warning function of the ecological environment damage is lacking.By comparing compensatory liability and punitive liability,it can also be found that more compensatory liability is used in current ecological environmental damage cases in my country,which is not enough to reflect the value of ecological environment.Failure to differentiate and evaluate the severity of ecological environmental damage has led to insufficient punishment for acts that seriously damage the ecological environment,which is not conducive to the realization of substantial fairness.By combing through the development process,functions and characteristics of punitive damages,it can be seen that punitive damages have a certain theoretical and institutional basis in the common law system and the development of my country.Its scope of application is clearer and it can better protect the relationship between the plaintiff and the defendant.Fairness in unequal situations.Punitive damages can fully compensate victims for losses,severely sanction the infringer,and can effectively prevent the occurrence of similar infringements.To a certain extent,it coincides with the needs of ecological environmental damage.At the same time,active exploration has been carried out in the judicial system of our country,providing experience and reference for stipulating punitive compensation liabilities for the ecological environment.Therefore,my country’s legislation should provide for punitive compensation liability for damage to the ecological environment,and it needs to clarify its applicable conditions,that is,it should be applied when the infringer’s subjective malice,violates relevant laws and regulations,and causes serious damage results,and gives full play to the punitive nature.The function of compensation liability is to ensure the orderly advancement of ecological civilization construction.At the same time,relevant supporting systems should be continuously improved,and an effective mechanism for the implementation of punitive compensation liabilities for ecological environmental damage should be established to lay a solid foundation for the realization of environmental legal goals.