Research On Punitive Compensation Liability For Tort Of Ecological Environment

After the industrial revolution,the impact of human social activities on the environment is growing,especially in recent years,economic development is always at the expense of a certain ecological environment.Eco-environmental problems are becoming more and more serious,and the number of eco-environmental cases is increasing gradually.The Environmental Public Interest Litigation System is stipulated in the Environmental Protection Law of our country,whose core punishment is mainly the fill-up rule,which neglects the personal loss in the actual infringement,and can not carry on the comprehensive relief to the infringed party.Article 1232 of the Civil Code stipulates the liability of punitive damages for eco-environmental tort,which plays a key role in the realization of individual rights in a more comprehensive way.However,there are some problems such as subjective incompleteness,objective indefiniteness of "causing serious consequences",and lack of specific punitive damages standard,which lead to obstacles in the application of the law.This article carries on the research analysis through four chapters.The first chapter is an overview of punitive damages for ecological environment infringement.Among them,it defines the ecological environment tort,and concludes the uniqueness of the ecological environment tort and analyzes the main functions of the punitive liability.It thinks that the punitive liability and the ecological environment tort are consistent.The second chapter is about the legitimacy of the punitive liability of ecological environment tort stipulated in the civil code.First of all,it demonstrates that the punitive liability for ecological environment infringement has sufficient legislative experience.Secondly,it demonstrates the rationality of punitive damages in ecological environment infringement from economics and sociology.Thirdly,it analyzes the feasibility and urgency of the responsibility from the judicial practice.Finally,it demonstrates the rationality of bringing the punitive compensation liability of ecological environment tort into the civil code.The third chapter is the legislative status of ecological environment infringement in China.That is,the article 1232 of the civil code is discussed and analyzed in detail,mainly from the constituent elements,the specific amount of punishment and the scope of application.It is considered that although in the legal system and the process of rule of law,the provision is in line with the actual innovation,but it lacks some specific provisions,which has obstacles in the application of judicial practice.The fourth chapter is the suggestions to improve the punitive liability of ecological environment infringement in China.Mainly from the improvement of the elements of the liability,the mode and calculation standard of punitive damages,the limitation of excessive punitive damages,the establishment of the distribution system of punitive damages and the establishment of a sound professional appraisal and evaluation system.