Study On Punitive Compensation System For Ecological Environment Damage

With the rapid development of economy,the environment has become the biggest victim.Especially in the early years,we vigorously developed heavy industry,resulting in serious environmental pollution and ecological damage.China’s traditional concept of economic development at the expense of the environment has been transformed into the protection of green waters and mountains.Environmental justice reform is also in progress,and the relief means for the damaged ecological environment are constantly updated.China adheres to the principle of homogeneity in the relief of environmental hazards.Its basic feature is compensation.Its main function is to fill in the loss.There are defects in preventing the occurrence of damage results,which can not achieve the role of the infringer of earthquake.There are deficiencies in bridging the huge loss suffered by the ecological environment,which is not conducive to curbing the occurrence of environmental damage.However,compensation itself has the function of "punishment,prevention and earthquake".It uses the mechanism of private law to realize the dignity of public law.Based on the particularity of function,it can fully relieve the affected ecological environment.It can well bridge the shortcomings of homogeneity.Article 1232 of the civil code indicates that when the infringer’s subjective malice is clear and causes serious environmental harm,punitive compensation can be implemented,which marks the first time that China has introduced compensation into the category of environmental tort.The interpretation of the Supreme People’s Court on the use of compensation in cases of ecological environment infringement disputes(hereinafter referred to as the judicial interpretation)issued in 2022 pointed out that the use of compensation can be used in ecological environment damage compensation litigation.However,due to the small number of laws and regulations,the provisions are general,and there are still some areas that need to be improved.And the ownership of the compensation is unknown.Taking the latest judicial interpretation as the legal basis,expands the subject of claim,improves the relevant contents of the amount of punitive compensation,and establishes an environmental protection fund,It is expected to put forward some suggestions for reference to improve the punitive compensation system for ecological and environmental damage.In addition to the introduction and conclusion,this paper is divided into four parts.The first part is an overview of punitive damages for environmental damage,mainly including the definition of environmental damage,the connotation of punitive damages for environmental damage,and the necessity of applying punitive damages in litigation,so as to pave the way for the punitive damages system for environmental damage.The second part is the legislative and judicial status of punitive damages for ecological environment damage,including the legislative evolution of the system of punitive damages for ecological environment damage gradually established in the legislation and the current legislative status,as well as the current situation of the application of punitive damages in the judicial field.The third part is the current problems of punitive compensation for ecological environment damage,including the imperfect legislative norms and the division.In practice,the use of punitive damages is not high,the relevant provisions of compensation are unclear,and the professional level of judges is uneven.The fourth part is the suggestions for the improvement of China’s punitive compensation system for ecological environment damage,including improving the applicable conditions of punitive compensation,expanding the subject of claim,refining the standard of compensation,establishing a scientific supervision system and so on.