Research On The Applicable Legal Issues Of Punitive Damages In Ecological Environmental Infringemen

The damage caused by environmental pollution and ecological destruction has become increasingly prominent with the rapid development of industrialization in modern society.It is an inevitable requirement to protect the environment and develop steadily under the current domestic and international background.Therefore,how to deal with the relationship between development and environment has also become the top priority of building a socialist modernization power in an all-round way and realizing the goal of the second hundred years.In recent years,China ’s ecological environment infringement cases have shown an increasing trend,which not only poses a serious threat to people ’s life and health and property safety,but also becomes an important factor affecting the maintenance of social security and stability.The cases of ecological environment infringement disputes usually involve many professional knowledge and complicated identification process,which makes it difficult for the infringed to prove.In real life,the use of compensatory damages alone is often not enough to make up for the actual losses of the victims in their cases,and it is difficult to curb,deter and prevent the behavior of polluting the environment and destroying the ecology.Therefore,in the field of ecological environment infringement,the introduction of punitive compensation system is an inevitable trend.In the Civil Code promulgated in 2020,punitive damages were first introduced in the field of civil liability.As a breakthrough in the principle of filling in the traditional civil tort law,how to correctly apply punitive damages in the field of ecological environment infringement is very important.Based on the case of ecological environment infringement disputes,this paper uses case analysis,normative analysis and comparative analysis to explain the specific legal application in this field from the following aspects.The first part,from the perspective of laws and regulations and practical cases,examines the current application status of China.Firstly,it analyzes the current situation of punitive damages legislation in ecological environment infringement cases,and understands the current provisions of China ’s laws and regulations on punitive damages.Secondly,through the analysis and synthesis of the current situation of practice and specific cases,the main problems existing in practice are summarized.Finally,the reasons for the main problems in the application of punitive damages in ecological environment infringement cases are analyzed,and then the basic theory,applicable conditions and improvement suggestions of this system are discussed below.By analyzing the current legislative status and specific cases to ask questions,and then analyze the reasons,but also for how to improve the system to consolidate the practical basis.The second part,from the perspective of basic theory,is analyzed.Therefore,a series of basic concepts such as the scope of the environment,the type of ecological environment infringement,and the function of punitive damages for ecological environment infringement are clarified,which lays a theoretical foundation for the correct application of punitive damages.The third part elaborates and analyzes in detail from the perspective of applicable conditions.It is discussed from three aspects :applicable subjective elements,objective elements and proof elements.The purpose is to lay a good foundation for the application of punitive damages in China by analyzing the applicable conditions.The fourth part,from the perspective of solving specific problems in practice,puts forward specific suggestions for solving the main problems existing in the application process,and puts forward suggestions for improvement from three aspects.