Research On The Applicability Of Punitive Damages For Environmental Infringement

Punitive damages are based on the punishment of vicious infringements.Compensation damages are significantly higher than compensatory damages in terms of compensation,punishment and deterrence.The United Kingdom took the lead in applying punitive damages to the dispute resolution of practical cases,and the United States established a punitive damages system in many fields.Due to the particularity of punitive damages,the nature of punitive damages in theoretical research is full of controversy.From the perspective of my country’s previous legislation and the application of this "Civil Code" to punitive damages,the view of "private law responsibility theory" is more in line with my country The legislative practice of the People’s Republic of China is to define punitive damages as a kind of legal liability in private law norms.In order to protect the legitimate rights and interests of consumers,my country’s legislation stipulated punitive damages for the first time,and later established a punitive damages system in many legislations.The Civil Code promulgated in 2020 introduces a punitive damages system in the field of environmental torts.The punitive damages system for environmental torts demonstrates that punitive damages are effective in punishing offenders and infringers in terms of punitive mechanisms,"illegal" elements,and subjective elements.System advantages in compensation for damage to the ecological environment and prevention of infringements.In order to help the environmental infringement punitive damages system to be better applied in practice,the overall application framework of the punitive damages system needs to be conceived as a whole.The current point of view that punitive damages apply to the protection of environmental private interests is not disputed.This article focuses on punitive damages.The nature of public welfare protection of the compensation system,weighing the public interest expansion of the subject of the claim,analyzing the standard of punitive damages and thinking about the burden of punitive damages on the infringer.On the basis of exploring the above-mentioned issues,clarify the direction of the construction of specific system of punitive damages for environmental infringement: the system of punitive damages for environmental infringement should have the dual attributes of both private interest protection and environmental public welfare protection.When environmental public welfare damage occurs,it should pass through the environment Public interest litigation procedures are used to maintain environmental public interest,and environmental protection organizations and procuratorates act as plaintiffs to exercise the right to claim punitive damages.When judging punitive damages,judges should consider multiple factors that affect the effect and execution of punitive damages,reasonably determine the scope of punitive damages,and achieve "equal punishments and responsibilities." Under the punitive compensation system,civil entities should not only comply with the law and increase the duty of care to avoid environmental damages,but also spread their own compensation risks by insuring environmental pollution liability insurance and resolve the huge economic burden.