Research On The Applitation Of Punitive Compensation System For Environmental Tort

Our country’s civil tort liability follows the principle of compensatory compensation based on the actual losses of the infringed,but the latent,continuous and indirect nature of environmental tort makes it impossible to get rid of the practical dilemma of frequent environmental problems only by relying on the principle of filling in the gaps.The punitive and inhibitory functions of punitive damages themselves can make up for the shortcomings of compensatory damages.The "Civil Code" formally establishes a system of punitive damages for environmental tort in Article 1232,but there are no clear provisions on the requirements for the application of the system and the applicable amount standards,and there are differences in the academic circles on the specific construction of the system.The subsequent promulgation of the judicial interpretation on the system has further promoted the implementation of the punitive damages system for environmental tort,but this does not mean the end of the problem,there are still some disputes about the specific conditions for the application of the system,and the issues such as the ownership of punitive damages and the supporting measures required in the implementation process have not yet been clarified,and further demonstration and improvement are still needed.Only by solving the difficult problems in the application of the system can the binding force of the rule of law be truly formed,so it is necessary to conduct a comprehensive study of the system.Solving the difficult problem of applying the system is an urgent need to protect the legitimate rights and interests of the infringed,promote the solution of environmental problems in China and promote the realization of high-quality economic and social development.The whole text is divided into five parts for research:the first chapter introduces the background of the research and other basic contents,and plays an overview of the whole text.The second chapter provides an overview of the system.It clarifies the basic theoretical issues of the system,demonstrates the compatibility between environmental torts and punitive damages,and analyzes the controversial issues arising from the introduction of the system in the " Civil Code".The third chapter follows the above and discusses the importance of the establishment of the system.From the perspective of the severe situation of environmental pollution and the realization of the functions of deterrence and incentive of punitive damages,the necessity of the establishment of the system is analyzed,and the feasibility is demonstrated from the existing legislative and judicial practical experience and the basic level of society.The fourth chapter describes the current application of the regime.Although China has established this system,there are still controversial and imperfect aspects such as the scope of application of the system and the attribution of punitive damages,and at the same time,a sound system is needed to achieve the effectiveness of the system.By pointing out the problems existing in the application of the system,it is hoped that it will provide direction for further improvement of the system.The fifth chapter demonstrates the specific design of the system of application system improvement,in order to be able to enlighten the construction of the system system.Through the study of the current situation and application experience of the judiciary at home and abroad,and the specific suggestions for improvement from the aspects of application conditions,the ownership of compensation and the supporting measure system,we hope to promote the implementation process of the system and achieve a harmonious unity of legal effect and ecological protection effect.