Research On The Application Of Punitive Damages In Environmental Infringement

Article 1232 of the "Civil Code" clearly introduces the system of punitive damages into the field of environmental torts.Besides,the "Civil Code" also stipulates the title of Chapter 7as "Environmental Pollution and Ecological Damage Liability",Realized the evolution of the civil law from the protection of private interests to the coordinated protection of public and private interests.However,this clause is too concise,and the few words that constitute elements and legal effects cannot outline the magnificent picture of the application of punitive damages for environmental infringement.Before the relevant judicial interpretations are officially released,it is urgent to interpret the meaning of the text itself and give a standardized interpretation.The application of punitive damages to environmental infringement has its legitimacy and feasibility.The legitimacy lies in the practical dilemma that punitive damages can make up for the shortcomings of traditional compensatory liability.With utilitarianism as the theoretical basis and its functions of punishment and deterrence can implement the precautionary principle requirements of the environmental law.The application of punitive damages in the field of environmental torts in our country is indeed necessary.It can play the function of compensation and incentives in private interest litigation,and it can play the functions of punishment,deterrence and prevention in public interest litigation.Feasibility points out the direction for the practice of punitive damages for environmental infringement,which is mainly manifested as successful experience in the application of the system,a standardized basis for claim rights,which can be subject to the principle of equivalent punishment.The applicable object of punitive damages for environmental infringement includes not only cases where environmental pollution infringes personal interests,but also cases where environmental pollution or ecological damage infringes on social welfare and cases where environmental pollution or ecological damage infringes on personal interests and social welfare.The elements of punitive damages for environmental infringement mainly include four aspects: subjective elements,behavior elements,result elements,and causal elements,including the meanings of "violation of law"," deliberately ","serious consequences","corresponding",etc.Both require a standardized interpretation.The determination and attribution of the amount of punitive damages for environmental infringement should adopt different methods in public interest litigation and private interest litigation.Private interest litigation can adopt two methods: one is that the infringed person directly requests compensation based on 1-3 times the personal or property damage;The other is applicable to large-scale infringements.If the infringer can prove the infringer’s escape probability or can find more victims,he can claim more punitive damages,and the amount can exceed the upper limit of three times.The public interest litigation can request corresponding punitive compensation at 1-3 times the loss of ecological service function,but the loss of ecological service function must be reasonably calculated.As for the distribution of the amount of money,it needs to be distributed reasonably according to the principle of "private benefit to private benefit and public benefit to public benefit".