Research On The Legal Issues Of Punitive Compensation For Environmental Tort

In recent years,with the rapid development of economy accompanied by increasingly severe ecological and environmental problems,the punitive compensation system,as a special type of damage compensation system,has been paid much attention by scholars.China’s Civil Code extends the application of punitive damages to the field of environmental tort,which to some extent makes up for the defects of the current legal relief system for environmental tort,and is also an important reflection of the state’s attention to ecological and environmental issues.This is an important step in the continuous improvement of laws and regulations in the field of tort.The application of punitive damages in the field of environmental infringement has increased the severity of punishment for environmental infringers,effectively solved the conflict between economic development and ecological protection,and better safeguarded the individual interests of citizens and the public.It has distinct characteristics of The Times and practical significance,and is the inevitable requirement for realizing equity and justice.In addition to the introduction and conclusion,this paper mainly includes the following four parts:The first part mainly introduces the two concepts of environmental tort and environmental tort punitive compensation.Environmental tort has its differences,has certain particularity and complexity,so the concept of environmental tort and compared with other tort has the characteristics of analysis;This paper further summarizes the meaning and nature of punitive damages for environmental tort and the changes of current tort liability in China.Correlative analysis and understanding of these two concepts are made from macroscopic point of view.The second part expounds the theoretical analysis of the environmental tort in our country apply punitive damages in China’s current legal basis and social base and concept of fairness and justice in our country to analyze the implementation of the foundation,from the objective elements and subjective elements,the harmful consequences and causal relationship between these aspects to analyze,constitutive requirements and through the seriousness of the current our country present stage environment infringement,the shortage of the compensatory damages and punitive damages for the unique value of environment infringement to illustrate the necessity of the three countries from the United States,France and Canada punitive damages in the field of environmental tort,using the experience of outside from multiple perspectives analysis question.The third part analyzes the problems of punitive damages in China’s environmental infringement,mainly starting from the problems existing in China’s current judicial practice.Including the right subject is not clear,the compensation amount setting is not reasonable,the punitive compensation attribution is not clear and the lack of relevant supporting mechanism four aspects to expand the discussion.Only by aiming at the problem can we solve the problem and give full play to the advantages of punitive damages in the field of environmental infringement.The fourth part according to the third part put forward the problem,based on the situation of our country,draw lessons from the domestic and foreign related field experience,puts forward in today’s society under the big background in our country environment tort for concrete construction of punitive damages system,mainly includes the explicit rights subject,the determination of the amount of punitive damages,clear the distribution of the punitive damages and set up the mechanism of form a complete set,and promote the ecological environment construction in the system process and legal process.Anyhow,punitive damages for environment tort as a new thing,has a strong vitality,but its development is not able to happen overnight,takes practice and time to continue to improve,and with the help of the foreign advanced experience in related field,take the essence to the dregs,found the problem in the process of exploration and practice constantly,solve the problem,give full play to the system superiority,thus in the field of environmental tort smoothly,effectively implemented and finally realize the harmony between human and nature.