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

With the development of the times,the proportion of ecological environment infringement in the risk society has gradually increased,and it is urgent for the law to respond to this problem.On the basis of adhering to the green principle of the General Principles of the Civil Code,the Civil Code further increases the protection of the ecological environment,completes the transformation of the concept of private interest relief to public welfare protection,stipulates the responsibility for environmental pollution and ecological damage,introduces the concept of ecological damage,clarifies the way of assuming ecological restoration responsibility,and provides for the liability for punitive compensation for ecological environment in Article 1232.The promulgation of the "Interpretation on the Application of Punitive Compensation in the Trial of Ecological Environment Infringement Disputes" officially provides normative and institutional legitimacy for the application of punitive compensation in environmental civil public interest litigation.Punitive compensation,as a monetary damage compensation that integrates multiple functions such as punishment,deterrence,and compensation,is applied to the field of environmental civil public interest litigation,which subverts and breaks through traditional individualistic relief methods.The changes in legislation urgently require theoretical research to guide their practical application.In the context of combining punitive damages with environmental civil public interest litigation,this article adheres to the problem oriented approach and conducts empirical research on the application of punitive damages in environmental civil public interest litigation.It also conducts legal analysis on the problems exposed in practice,and then explores its correct application ideas and measures.This article is divided into five parts,which are discussed from five aspects:topic overview,practical status,problems and reasons,theoretical development,and path reversion.The first chapter is an introduction to the overall situation of the paper,including the background,significance,current situation,and methods of the research.Chapter 2 focuses on exploring the practical application of punitive damages in environmental civil public interest litigation in judicial practice,sorting and analyzing relevant judgment documents,and mastering the basic situation and characteristics of the case through empirical research.Chapter 3 analyzes the problems and causes of punitive damages applied in environmental civil public interest litigation.This chapter adheres to a problem oriented approach,refining and summarizing the confusion of application standards and behaviorism caused by the confusion of punitive damages,compensatory damages,and ecological restoration in practice,and analyzing and summarizing the underlying causes of the problems.The fourth chapter,according to the actual situation of punitive compensation applied in environmental civil public interest litigation,has carried out theoretical development around the constituent elements of punitive compensation,and fully demonstrated the applicable relationship between ecological environmental remediation,ecological environmental damage compensation,and punitive compensation.At the same time,it has carried out legal discrimination on the liability patterns with punitive factors that are easily confused between the field of ecological environmental tort and punitive compensation.The fifth chapter solves the dilemma of the path deviation of punitive compensation in environmental civil public interest litigation,explores the compensatory return of ecological environmental remediation costs,comprehensively identifies the damage value of punitive compensation benchmark,and establishes the path recovery measures of labor compensation mechanism.