Research On Punitive Compensation Liability For Ecological Environment Damage

Punitive liability for ecological environment damage is a new way to remedy ecological environment damage in China,which is in the initial stage of legislation and practice.How to apply the punitive compensation liability of ecological environment damage reasonably is an important subject to perfect the relief mechanism of ecological environment damage.The application of punitive compensation liability for ecological environment damage has legal basis and theoretical basis,but if the liability is abused,it will cause excessive punishment and other adverse consequences.Therefore,it should be applied prudently,strictly taking the legal applicable conditions as the boundary and taking the principle of excessive punishment as equivalent,so as to play an active role in the protection of ecological environment.There is a preliminary attempt in legislation and practice of punitive damages for ecological environment,but the pertinence of legislation is not strong,the degree of refinement is not enough,some provisions are vague;In practice,the application of the constitutive elements of liability is not strict enough,the calculation standard of punitive damages is not uniform,and conflicts with other fines.The reason is that the constitution of the liability of punitive damages for ecological environment is general,the calculation method of the amount is lack of pertinence,and the link with the liability of public law is unclear.In order to solve these problems,we should adhere to the principle of appropriate punishment,strictly define the constitutive requirements of punitive damages for ecological environment damage,and make clear the concrete judgment standards of damage facts,damage causing behavior;The amount of punitive damages shall be calculated on the basis of the cost of ecological environment restoration or the loss of environmental functions and in multiples of 0.1-1,at the same time,factors such as the actor’s property status and the malignity of the act are taken into account in the determination of the amount,and the relationship between punitive damages for ecological environment and public law liability is clarified,clearly the punitive damages take precedence over the payment of public law penalties,and the punitive damages,administrative fines and criminal fines are not more than 2 times of the basis of the calculation of punitive damages for the link between punitive damages and public law liability.Through the strict and prudent system design,we can perfect the elements of the responsibility of punitive compensation for ecological environment damage,the calculation method of the penalty fine and the connection way with the public law responsibility,and avoid its abuse,the positive role of punitive compensation in environmental protection will be brought into play,and the damaged environment will be repaired and the ecological environment will be protected and developed healthily.