Research On Punitive Compensation System Of Environmental Tort

With the development of industrialization and urbanization,environmental pollution and ecological destruction have occurred frequently.Some companies have polluted the environment unscrupulously in pursuit of interests,seriously endangering people’s survival and development.In the field of environmental infringement,the principle of compensatory damages in China ’s remedy system is limited to filling in the actual losses.It cannot fully compensate for the loss of the victim and interests of the ecological environment,which is not conducive to the effective realization of the ecological environment.Maintenance and governance.At the same time,the particularity of environmental infringement determines that it needs to be governed by a variety of special legal means.Therefore,the application of punitive damages in the field of environmental infringement will improve the status quo of our country’s environmental tort relief system and help achieve sustainable social development and substantive justice.The punitive compensation system,as a kind of compensation system with high degree of prudence,has the functions of punishing the infringer,compensating the infringer,curbing and preventing environmental infringement.Ecological environment infringement introduces a punitive compensation system to fully realize the relief to the infringed person,make up for the shortcomings of environmental tort damage compensation relief,and promote the construction of socialist legal system.This article will study the punitive compensation system for environmental invasion from four parts.The first part makes a legal analysis of environmental tort and punitive compensation system,and combs the basic theory of punitive compensation for environmental tort.The second part analyzes the necessity and feasibility of introducing a punitive compensation system in the field of environmental infringement in China.The third part studies the current situation and shortcomings of China’s current environmental tort damage compensation remedies.The fourth part puts forward the suggestion of introducing punitive compensation systematization for environmental infringement in China,with a view to coordinating and taking into account the damage of environmental infringement to personal interests and environmental rights.