Reflection On The Application Of Punitive Damages In Ecological Damages Litigation

Thesis carding ecological environment compensation lawsuit of the problem of whether to apply punitive damages in the development of the academic schools of thought contend,to discuss the issue of support and opposition of the two opposing views to be summarized,lock contention in the interpretation of the legal norms and the positioning and realization of the function of punitive damages both possibilities.Supporters to article 1232 of the civil code as the legal basis to explore the suitable space in ecological environment compensation litigation and judicial approach,punitive damage compensation of ecological environment system of function orientation,academic circles mainly form "high cost containment","insufficient supplement law","mental damage compensation" theory point of view,In response to the negative opinions of scholars who oppose the application of punitive damages,this paper analyzes the difference between punitive damages system and ecological damage repair liability,introduces the system of "one thing no longer punishment" to realize the connection with the existing public legal liability,and gradually forms the application path of punitive damages such as prudent application theory.The opponents hold that the application scope of Article 1232 of the Civil Code cannot cover the compensation for ecological environmental damage,so it is fully discussed from the perspective of subject legitimacy and object rationality,and the expected system function proposed by the supporters is verified.Main form "ecological damage compensation litigation repair function","punitive damages law orientation","function overlap with existing system","functional distortion adverse consequences",demonstrates the rationality of the environmental problems,the government leading at the same time,the function of the current system has not yet been fully play or when there is still room to change,should not be creating a new system.Focusing on the two controversial issues,this study comprehensively reviews the viewpoints of both sides,and reflects on the application of civil Code punitive damages for environmental infringement in ecological damages litigation.First,the legal interpretation analysis of the legal norms,the ecological compensation plaintiff is inappropriate,the ecological environment public interest object is inappropriate,the analysis from the perspective of legislative history ignores the overall consideration of the existing punitive system of three conclusions,to prove the legislative basis for the application of punitive damages to the ecological environment.Second,the expected function of punitive damages is empirically analyzed,and the conclusion is drawn that the restraining function may lead to overcorrection,the punishment function lacks applicable space,and there is no legislative loophole in filling spiritual damages.Therefore,this study considers that punitive damages should not be applied in ecological damages litigation.