Study On The Application Of Punitive Damages For Eco-environmental Tort In The Civil Code

Article 1232 of the Civil Code introduces punitive compensation into the field of ecological and environmental infringement,which is a vivid practice of the political proposition of ecological civilization construction into the legal proposition of the state’s will,aiming to protect the ecological environment with the strictest system and the strictest rule of law.Punitive damages have strict applicable conditions,including illegality,subjective intent and severity of consequences.Although the judicial Interpretation of Punitive Damages for ecological environmental infringement makes up for the vagueness of the constitution of the original article of law,there are still some improvements.In order to improve its intrinsic value and applicable logic,the subjective element should be added "gross negligence",and the behavioral element should be added "negative omission",and the applicable scope of punitive damages for ecological environmental infringement should be clarified.On the question whether punitive damages can be applied to environmental civil public interest litigation,the relationship between environmental civil public interest litigation and ecological environmental damage compensation litigation is clarified,and the ecological environmental damage compensation litigation is interpreted as a special environmental civil public interest litigation.It also explains that punitive damages for ecological environmental infringement can be applied to environmental civil public interest litigation from the perspective of the system’s function orientation and legal system.It also puts forward some countermeasures for the specific problems: the subject of rights,the attribution of punitive damages,and the replacement of punitive damages by diversified mechanism.This paper is divided into five parts,with two main lines to discuss the application of punitive damages for ecological and environmental infringement in the Civil Code.The first main line starts from the structure of punitive compensation system for ecological environmental infringement,analyzes the necessity of its introduction and specific constituent elements,and explains and analyzes the applicable norms.At the end of the article,the author puts forward the idea of perfecting the constitutive elements of punitive compensation for ecological environment infringement.The second main punitive damages to the ecological environment infringement in the field of civil environmental public interest litigation can apply are analyzed,on the question of the present controversial academic field and practice field of hot issues in the response,which is to explore the "civil code" in ecological environment tort on punitive damages for the inevitable question.The first part starts from the basic theory of punitive compensation for ecological environmental infringement,and analyzes the characteristics and evolution of the two systems by taking the basic theory of ecological environmental infringement and the basic theory of punitive compensation as two main lines,so as to lay a theoretical foundation for the subsequent writing.The second part introduces the necessity of the introduction of punitive compensation for ecological environmental infringement by the Civil Code.Starting from the macro and micro aspects,it analyzes the response of the Civil Code to the improvement of ecological environmental governance ability at the macro level and the limitations of the compensatory compensation system for ecological environmental infringement at the micro level.It can be concluded that punitive compensation for ecological environment infringement is produced under the trend of ecological environment governance and ecological civilization construction,and the introduction of civil Code is aimed at ensuring ecological environment governance with strict legal system.The third partFrom the components of the system itself,the fist question and the belonging of punitive damages and management of the three main line,in the civil code and its judicial interpretation rules of ecological environment tort punitive damages were analyzed further explanation,at the same time,this chapter is the core of this article aims to explain the ecological environment tort problem of judicial application of punitive damages.The fourth part analyzes the present educational world and the theory are controversial civil environmental public interest litigation can apply punitive damages in the field of problems,from the perspective of the ascertainment of the range of environmental civil public interest litigation,explain the damages of the ecological environment is a special civil environmental public interest litigation,and then analyze the typical cases in practice,Finally,the conclusion that punitive damages can be applied in environmental civil public interest litigation is drawn by the method of legal interpretation.The fifth part is divided into two sections.The first section puts forward suggestions on the problems existing in the constitutive elements of punitive damages for ecological environment infringement stipulated in the Civil Code and its judicial interpretation.The second section puts forward suggestions on the specific application of punitive damages for ecological environment infringement in current environmental civil public interest litigation.