Research On The Legal Application Of Punitive Damages In Environmental Public Interest Litigation

At present,China’s environmental situation is grim,and ecological damage and environmental pollution occur from time to time.In order to protect the environment,China has continuously improved environmental legislation,and introduced environmental public interest litigation and punitive compensation system.On december27,2021,the judicial committee of the Supreme People’s Court adopted Article12 of the interpretation of the Supreme People’s Court on the application of punitive damages in the trial of ecological environment infringement dispute cases,which stipulates that if an organ or organization specified by the state files an environmental public interest lawsuit to claim punitive damages,the court may refer to the private interest lawsuit.The punitive damages shall be based on the loss caused by the loss of service function during the period from the damage to the ecological environment to the completion of the restoration The amount of loss caused by permanent damage to ecological environment functions shall be taken as the calculation base.However,the relevant legislation of punitive damages in China’s environmental public interest litigation is not perfect.In addition,punitive damages in China’s environmental public interest litigation started late.Punitive damages face many problems in the application process,which are manifested in the three stages of trial,performance and regulation.It is imperative to improve the relevant system of punitive damages.In determining the amount of punitive damages in environmental public interest litigation,the base should be determined in the form of "a certain multiple of environmental remediation costs" in the form of "base + multiple";The multiple determination considers the degree of environmental damage,the subjective malignancy of the infringer and the possibility of preventing violations,especially the economic level of the infringer,the payment of fines and fines.In the performance of punitive damages in environmental public interest litigation,it should be clear that punitive damages are civil liability and should not be offset;The order of performance is that civil liability is prior to administrative liability or criminal liability,compensatory liability is prior to punitive liability,and private interest litigation is prior to public interest litigation;The special performance methods of "labor compensation" and "technical transformation deduction" shall be standardized.In the regulation of punitive damages,we should solve the problem of attribution by means of management,and clarify the management mode,management subject,management procedure and supervision mode;In terms of use,it shall ensure that "special funds are used for special purposes" and clarify the scope of use of compensation.So as to establish a long-term norm with clear rights and responsibilities,perfect procedures,diversified supervision,and protection of private interests and environmental public interests.At present,the study of punitive damages in environmental public interest litigation is of great significance.It not only plays a role in punishing,curbing and preventing environmental violations,but also protects the interests of the infringed;It also conforms to the national policy orientation,protects the environment and ecology,and is an important embodiment of restorative justice.