Research On Punitive Compensation System For Ecological Environment Damage

The Civil Code of the People’s Republic of China introduces punitive damages into the field of environmental pollution and ecological damage.The Interpretation of the Supreme People’s Court on the Application of Punitive Compensation in the Trial of Eco-environmental Tort Disputes The problem is that the legal principles behind the legal clauses are not clear enough,and the system construction still needs to be further improved.This paper analyzes the connotation of the punitive compensation system for ecological environment damage from the perspective of legal theory,and explains the legal theory behind the legal provisions of the punitive compensation system for ecological environment damage.This paper mainly uses the methods of empirical analysis and comparative research to study,and discusses the basic theory,constituent elements,calculation and management of punitive damages for ecological environment damage,which is helpful for the application of punitive damages in judicial practice.First,clarify the theoretical controversy over the application of the punitive compensation system for ecological and environmental damage,and follow the view of the "affirmative limitation theory" that punitive damages can be applied to ecological and environmental damage in principle,but should remain modest,from the constituent elements,punitive damages Strict restrictions on gold calculation and other aspects.Second,the application of punitive damages for ecological and environmental damage needs to satisfy the subjective intention of the infringer and the violation of legal provisions by the tortious act and cause serious damage consequences,which highlights the prudence in the application of punitive damages.Third,in principle,the calculation of punitive damages for ecological environment damage adopts the elastic amount model,specifically,the "multiplier" calculation method is used to calculate the loss caused by the loss of service functions and the permanent damage of ecological environment functions during the period from the damage to the ecological environment to the completion of the restoration.The amount of loss caused is used as the calculation base,the upper limit is 2 times,and the lower limit and maximum limit of compensation are not set.Fourth,punitive compensation for damage to the ecological environment should be managed by a third-party institution.Specifically,a foundation or trust can be established to ensure that the funds are dedicated to the restoration of damaged environments and that there is a scientific monitoring mechanism for the use of funds.By clarifying theoretical disputes,improving procedural regulations,clarifying the elements of responsibility,and accurately determining the scientific management of punitive damages,it provides new ideas for the application of judicial practice,with a view to using Chinese wisdom to solve environmental pollution and ecological damage.