Research On Punitive Damages System For Environmental Tort In China

To get rid of the plight of environmental problems,solve the contradiction between environment and economy,and truly relieve the rights and interests of victims and social public environmental rights and interests in environmental tort.The Civil Code has made it clear for the first time that punitive damages are applicable to environmental infringement in a specific way,which is advanced.The combination of punitive compensation system and environmental infringement is based on theoretical and practical needs.This system first deterrence and sanctions the infringers,and then compensates and encourages the victims,so as to achieve the purpose of ecological environmental protection.From the perspective of the theory of substantive fairness,the internal requirements of environmental justice and the theory of cost and benefit,environmental tort has caused permanent and irreversible great damage to the victim and the ecological environment.General compensatory compensation is difficult to achieve the goal of full relief for the victim,and does not play a due role in the protection of the ecological environment.The victim and the ecological environment can get effective and sufficient relief,which must play the role of punitive damages.It is decided by the nature of punitive damages and environmental infringement that punitive damages are used to remedy environmental torts.While protecting the rights and interests of victims,it is more important to protect the ecological environment.From the perspective of the provisions of the existing laws on punitive damages for environmental infringement,the Civil Code and relevant judicial interpretations have no specific and clear rules and lack of corresponding supporting mechanisms for the application of some conditions of punitive damages for environmental infringement,the calculation method of the amount of compensation and the attribution.From the perspective of judicial practice,the liability allocation of punitive damages for environmental infringement is unclear,the scope of compensation is unclear,the amount of compensation is too small,and the ownership and use of compensation is unclear.In order to better apply the system of punitive damages for environmental tort in practice,it is very important to solve the problems existing in punitive damages for environmental tort.First,we should define the scope of the infringed,define the identification criteria of subjective intent,and define the extent of damage results;Second,define the allocation of punitive damages for environmental tort;Third,define the scope of punitive damages for environmental infringement;Fourth,determine the amount of punitive damages;Fifth,define the ownership,management and use of punitive damages.Through the introduction of the judicial interpretation of the special article on punitive damages for environmental tort,the legal provisions are improved.In terms of justice,the court should comprehensively consider the infringer’s tort,subjective elements,damage consequences and economic strength to make a reasonable and fair judgment on punitive damages.