Research On The Punitive Compensation System For Ecological Environmental Damag

Because the ecological environment is not consciously used,it is difficult to survive,so it is necessary to strengthen protection,Although Article 1232 of the Civil Code marks a historic progress in using the punitive damages system to punish environmental violations,this article belongs to the punitive damages provisions for environmental infringement that pollute the environment and damage the ecology and cause serious damage to the rights and interests of private subjects,and ecological environmental damage is different from environmental infringement,and it remains to be explored whether punitive damages are also applicable to ecological environmental damage and the scope of litigation where punitive damages apply.However,the relevant provisions on ecological and environmental damage only stipulate the liability for ecological and environmental damage and the liability for restoration,and the environmental law also lacks punitive damages provisions,and the damaged environmental public welfare cannot be fully remedied.Studying the punitive compensation system for ecological and environmental damage is conducive to making up for the shortcomings of the current provisions,and is conducive to building a punitive liability system for adequate relief of the ecological environment,protecting environmental public welfare and meeting people’s environmental needs.In the exploration dimension of whether to establish a punitive compensation system for ecological and environmental damages,the particularity of the damage consequences,the inadequacy of compensatory compensation and relief,and the negativity of the lack of system are the necessity of establishing a punitive compensation system for ecological and environmental damages.Environmental justice theory,cost-benefit theory,the relief advantages of punitive damages,and ecological and environmental judicial cases verify the feasibility of establishing a punitive damages system for ecological and environmental damages.In the construction dimension of the punitive damages system for ecological and environmental damages,it is necessary to draw on mature experience outside the territory,limit the applicable requirements,clarify the scope of application,and refine the calculation rules.In the dimension of judicial application of the punitive damages system for ecological and environmental damages,it is necessary to clarify the relationship and performance of monetary liabilities,clarify the coordination of litigation mechanisms,and improve relevant mechanisms,so as to promote the construction and judicial application of the punitive compensation system for ecological and environmental damages,promote the formation of a long-term relief mechanism for ecological and environmental damages,and increase institutional support for the construction of a beautiful China.