Research On The Application Of Punitive Compensation System In Environmental Civil Public Interest Litigation In China

Article 1232 of the Civil Code of China introduced the punitive compensation system into the field of ecological environment infringement,but its specific application to the punitive compensation system of ecological environment infringement has only principle provisions.Although the judicial interpretation issued by the Supreme People’s Court in2022 made up for the ambiguity of the elements of the original article of law,there are still some theoretical difficulties and judicial obstacles to be rescued in practice.This article examines the legal requirements and judicial practice difficulties of punitive damages with a problem-oriented approach,with the aim of improving the specific application of the punitive damages system in environmental civil public interest litigation.In addition to the introduction and conclusion,this article consists of the following five parts:The first part is the theoretical connotation of the application of punitive damages system to environmental civil public interest litigation.Comparing and analyzing punitive damages with similar concepts,sorting out the legislative evolution of punitive damages in China’s legal system,and clarifying the historical context.Utilitarianism,deterrence effect and environmental rights theory demonstrate the theoretical legitimacy of punitive damages system.The legal values of order,efficiency and fairness reflect the value legitimacy of punitive damages.The second part discusses the application dilemma of punitive damages system in environmental civil public interest litigation.At the theoretical level,there are differences in the scope of application of environmental public and private interest litigation,namely disputes over whether punitive damages can be applied to environmental civil public interest litigation,as well as theoretical disputes on whether the application is based on the premise of actual environmental damage;At the level of legal elements,the scope of subjective elements of "intentional" punitive compensation system is limited,the legal scope based on which environmental infringement behavior elements are determined is too broad,the resulting elements of ecological environment damage need to be refined,and the burden of proof on both parties in litigation is improperly distributed;At the specific institutional level,there are widespread issues such as the calculation rules for punitive damages and the lack of unified management order for compensation,the need to strengthen the prosecution enthusiasm of environmental protection social organizations,and the excessive burden of responsibility on infringers when responsibilities overlap.The third part is an analysis of the reasons for the application difficulties of the punitive damages system in environmental civil public interest litigation.At the level of legislative norms,the current legislation on the constituent elements of punitive damages is lax,and the legislation on ecological environment damage compensation is chaotic,which restricts the standardized exercise of punitive damages;At the level of enforcement rules,the calculation standards and management rules for punitive damages are not clear;At the level of supporting systems,firstly,there is a lack of effective litigation incentives for environmental protection social organizations,and secondly,there is a lack of a complete ecological environment damage assessment and appraisal system.The fourth part is an examination and reference of extraterritorial punitive damages.Analyzing the application experience of punitive damages in the United States and Germany provides a reference direction for the improvement of China’s punitive damages system for environmental infringement.The fifth part proposes corresponding improvement suggestions for the specific issues of application.We should accelerate the formulation of a specialized law on compensation for ecological and environmental damage,and optimize the legal components of punitive damages;Clarify the specific calculation rules and attribution management of punitive damages;We also need to establish incentive mechanisms to stimulate the litigation vitality of environmental protection social organizations,optimize the environmental pollution liability insurance system to enhance the degree of socialized relief,explore diversified alternative execution methods,and fully leverage the sanction and deterrence functions of punitive damages in the field of environmental public interest litigation,thereby enhancing the practicality of the system.