Improvement Of The System Of Punitive Damages In Environmental Civil Public Interest Litigation

The civil code institutionalizes punitive damages in the field of ecological environment and maintains the beauty of the ecological environment and the protection of ecological interests from damage through the strictest system.It is a positive response to relevant practical and policy problems,such as improving public environmental awareness and the concept of ecological civilization and vigorously punishing environmental pollution.It is of great importance to improve the quality of the ecological environment.However,as a provision of principle,Article 1232 of the Civil Code also faces some problems,such as unclear scope of the applicable litigation,vague conditions of application,unclear standard of compensation,lack of management system,etc.In the interpretation of the Supreme People’s Court on the application of punitive damages in the judgment of disputes of infringement of the ecological environment(hereinafter referred to as the interpretation),which entered into force on January 20,2022,although the scope of application and the qualification of the object of the claim of the said system are confirmed,the disputes in the theoretical session still exist,and the rationality and legitimacy of its provisions should be discussed at the level of systems theory.For the basis of calculation and the multiple mode of punitive compensation stipulated in Articles 9 and 10 of the interpretation,the author considers that restrictions should be made,i.e.only applicable to environmental litigation of private interest,the mode of liability and the basis of calculation and multiple adjustment of compensation in environmental litigation of public interest need to be improved and improved.Specifically:Through the analysis of the theoretical foundation of the punitive compensation system and the litigation system of civil environmental public interest,this work analyzes the provisions of the punitive compensation system in food security,intellectual property and other fields of the civil code and its relationship with the internal and clarifies that the scope of application of the system of punitive compensation for environmental civil act should cover disputes of private environmental civil interest Litigation of civil public environmental interest and litigation of compensation for environmental environmental damage,and based on this,present more practical suggestions on the establishment of support systems,such as the manner in which liability is borne,the determination of how the amount of compensation is calculated,the manner in which the relevant liabilities compete and coincide,and the ownership and management of the amount...