Study On The Application Of Punitive Compensation For Ecological Environmental Damage From The Perspective Of Liability Concurrence

Normally,civil liability,administrative liability and criminal liability caused by the same illegal act coexist,but punitive compensation is essentially a special punishment system that uses private law procedures to achieve the purpose of punishment in public law,especially in the field of ecological environmental damage.Punitive damages,administrative fines and criminal fines have homogeneity in function,homogeneity in attribution,consistency in protection objects and overlap in system objectives.When the three are conjoined,it may lead to the imbalance of repunishment and excessive punishment.In addition,our country implements the "double track" system of environmental private interest litigation and environmental public interest litigation.The punitive compensation of environmental infringement and ecological environmental damage caused by the same ecological damage behavior may also constitute internal competition.The treatment modes of liability concurrence in academic circles include the theory of coexisting application,the theory of discount application and the theory of supplementary application.These three viewpoints have their own advantages and disadvantages in the process of application,but in essence they are different in the understanding of the principle of no penalty for one thing and the principle of equal penalty for excessive punishment.Therefore,under the guidance of the principle of no further penalty for one case and the principle of equivalent excessive penalty,the following opinions are put forward on the specific application of punitive compensation for ecological environmental damage:First of all,the internal competition and cooperation of punitive damages for ecological environmental damage and punitive damages for environmental infringement,because private interest litigation and public interest litigation are different victims,the legal interests infringed are different,they belong to different legal liabilities,should be applied concurrently.In addition,for cases of malicious ecological and environmental damage that do not constitute administrative penalties or criminal penalties but need to be sanctioned,or cases of malicious ecological and environmental damage that have not yet entered the vision of administrative supervision due to administrative slack,punitive compensation for ecological and environmental damage should be applied independently to make up for the lack of public law enforcement.Secondly,the treatment mode of punitive compensation for ecological environmental damage,administrative fine and criminal fine for external concurrence needs to be classified and discussed: First,the punitive compensation for ecological environmental damage and administrative fine should be applied with supplementary discount,that is,in view of the professionalism and efficiency of administrative organs in ecological and environmental management,administrative fine should be given priority,and the punitive compensation for ecological and environmental damage should be applied only when the intensity of administrative punishment is insufficient.In addition,if the punitive compensation for ecological environmental damage is applied before the administrative fine,the punitive compensation can be deducted from the administrative fine.Secondly,the punitive compensation for ecological environmental damage and criminal fine should be co-applied in the concurrence mode.This mode is mainly based on the insufficient punishment intensity of criminal fine in judicial practice.The punitive compensation for ecological environmental damage can be used as a supplement for co-application,but the degree of ecological environmental damage should be balanced with the punishment intensity in the application process.Thirdly,when the three kinds of punitive liability of property are conjoined,administrative fines should still be given priority,and those that constitute crimes should be fined according to law.At the same time,administrative fines and criminal fines should be offset according to law,and punitive compensation for ecological environmental damage should be the supplement of both.