Study On Punitive Damage Compensation System For Ecological And Environmental Damage

The damage to the civil rights and interests of a specific subject and the damage to the ecological environment of an unspecified public as a result of environmental infringement can be referred to as ecological private interest damage and ecological public interest damage respectively.At present,punitive damages for environmental private benefit damage have been widely accepted.In order to ensure the simultaneous relief of the dual consequences of environmental damage,it is necessary to actively explore the establishment of a punitive compensation system for ecological and environmental damage.It is not feasible for the state or the representative of environmental public welfare,or the representative of public welfare should allocate the corresponding punitive claim for ecological and environmental damage.The establishment of punitive liability for ecological damage can be achieved both by providing compensatory damages for the diminution in value suffered by the ecological environment,as well as by imposing deserved penalties on wilful offenders and by providing a complete deterrent to serious environmental violations.The liability for punitive damages for ecological environment damage takes the subjective intention of the subject,the illegality of the behavior and the serious damage consequences as the special establishment elements,which shows the condemnation of the tort and is also the basis for imposing punitive damages.Based on the nature of tort liability,the specificity of environmental torts,the technical requirements for calculating the amount of compensation and the need to ensure the full deterrent function of the system,the principle of determining the amount of compensation is to make the tortfeasor lose more than he gains and to eliminate the benefits he obtains as a result.The liability for punitive damages for ecological environment damage should be used as a supplementary deterrent mechanism,so as to avoid the abuse of punitive damages.Where punitive damages need to be applied,all public and private law pecuniary liabilities need to be considered together and their relationship with each other properly coordinated.