Research On The Judicial Application Of Punitive Damages For Environmental Infringement

In order to improve the situation that punitive damages are not available in environmental tort cases,Article 1232 of the Civil Code of the People’s Republic of China provides for punitive damages for environmental torts,and the introduction of this system plays a significant role in the construction of ecological civilization.The application of punitive damages for environmental torts has been gradually standardized with the introduction of relevant judicial interpretations,and practice has proved that the punitive damages system for environmental torts can help ecological protection.After the collation and analysis of adjudication documents,it is found that there are still more difficulties in the application of punitive damages system in practice,one is the determination of punitive damages liability,the vague standard of subjective and intentional determination,the different legislation of local regulations,and the insufficient reference factors of seriousness;the second is the determination of punitive damages,there is no common formula for calculating punitive damages,punitive damages cannot reflect "The third is the implementation of punitive damages,the tortfeasor can not afford to bear the responsibility,the tortfeasor can not get sufficient relief,and there is no clear legal basis for alternative implementation.In order to improve the punitive damages system for environmental torts and strengthen the application of the system,a lower limit can be set for the bottom case of intentional liability,deny the application of punitive damages to " gross negligence "cases,unify the legislative standards for local punitive damages for environmental torts,and clarify the " serious consequences The scope of discretionary power for "serious consequences";unifying the application of punitive damages,specifically:refining the mode of calculation of damages,clarifying that "restorative liability" and "punitive damages" shall not be mixed,and setting up conversion standards for alternative enforcement methods.In response to the difficulties in the implementation of punitive damages,we can establish a formula for calculating punitive damages,bulid an insurance system about enviornmental liability,and improve the supporting legislation for subsequent implementation.