Research On The Perfection Of The Punitive Compensation System For Ecological And Environmental Torts

Punitive damages is a damage compensation system set up for malicious acts,which is significantly improved in terms of compensation amount,punitiveness,and deterrence compared with compensatory compensation.Punishment and deterrence are its important functions,and it is effective in the form of compensation that exceeds actual losses.sanctions against violations.The traditional Tort Liability Law,based on the principle of compensatory damages,cannot well adapt to the complexity and particularity of ecological and environmental infringement cases in the new era.Build China with a beautiful ecological environment.The "Civil Code of the People’s Republic of China" and the "Interpretation of the Supreme People’s Court on the Application of Punitive Compensation in the Trial of Eco-environmental Infringement Disputes" have preliminarily established the punitive compensation system for ecological and environmental infringement,but there are still many problems in this system that need to be clarified.For example,whether the punitive damages system should be applied to environmental public welfare,how to connect punitive damages liability with traditional tort liability,and how to determine the ownership and use of punitive damages.This paper takes these controversial points as the research object,and puts forward some suggestions for improving the punitive damages system for ecological environmental torts in my country based on the judicial practice experience at home and abroad.This paper consists of four parts: the first part is an overview of the basic theory,through the sorting out of scholars’ viewpoints,it is determined that the punitive damages system is a special punishment system that uses the private law mechanism to achieve the purpose of public law punishment and deterrence.The content of "Interpretation of the Application of Punitive Compensation for Disputes" as the starting point defines the research field as a broad range of ecological and environmental tort cases including general environmental tort litigation,environmental civil public interest litigation,and ecological and environmental damage compensation litigation,and clarifies the punitive compensation system.Institutional value in my country’s current ecological environment protection field.The second part focuses on the characteristics of my country’s ecological environment tort punitive damages system,the prudent application of punitive damages liability and the emphasis on the protection of environmental public welfare,as well as some existing problems.Among the elements,the subjective elements only include intentional non-compliance with judicial practice,and unclear ownership and application of punitive damages.The third part selects the judicial experience of the punitive damages system in some typical countries according to the extensive application of the punitive damages system in the common law countries,and proposes the reference for the improvement of the punitive damages system for ecological torts in my country.The fourth part is the key chapter of this paper,which is aimed at solving the problems existing in my country’s current punitive compensation system for ecological torts.This paper argues that the term "violation of legal provisions" in the elements of behavior should be interpreted as law,excluding regulations and rules;the punish ability of gross negligence in the subjective element is consistent with the intentional mentality and is more in line with judicial practice,and gross negligence can be applied Punitive compensation liability;link punitive compensation liability with compensatory liability system,clarify that punitive compensation can be applied when the same tort infringes both environmental public interest and environmental private interest,and ecological environmental damage litigation in environmental public interest litigation has priority punitive compensation For the right to claim compensation,the way of bearing punitive compensation liability when several persons infringe on the ecological environment can refer to the provisions on compensatory liability to determine the share of liability.In terms of the ownership and use of punitive damages,punitive damages are allocated according to the difference between environmental public welfare and environmental private interests.The idea of establishing an ecological and environmental protection fund is put forward,and punitive damages are introduced into the ecological and environmental protection fund through a market-based operation achieve the purpose of effectively protecting the ecological environment...