| Article 1232 of the Civil Code introduces the punitive compensation system into the field of ecological environmental infringement for the first time,which realizes the ultimate goal of relieving ecological environmental infringement and protecting the environment by mobilizing the enthusiasm of the infringed,increasing the illegal cost and increasing the deterrence of environmental damage behavior.However,the benefit inclination of the system must be within the appropriate range,otherwise it is very likely to affect the realization of its ultimate purpose.First of all,from the perspective of the proof of punitive damages,according to the provisions of article 4 of the judicial interpretation,the constituent elements of its application mainly include subjective elements,behavioral elements and result elements.It is necessary to make clear the intentional situation in the subjective requirement and bring the gross negligence into the punishment system.Punitive damages should be applied to the infringement must be illegal,and should pay attention to the act and omission of ecological damage regulation;There must be serious damage to public interests or personal interests,and serious mental damage caused by environmental pollution disputes should be punished.Secondly,from the perspective of the judicial application of other elements that affect the application of the system,the proof of the causality of punitive damages should return to the traditional proof of tort liability.There is a causal connection between the evidence provided by the infringed,and the infringe needs to deny the proof.Punishment is not the goal,but restoration is the fundamental.The relationship between punitive damages and ecological restoration is expounded,and the constraint conditions of the combination of punishment and restoration are analyzed.Finally,the paper puts forward targeted measures to clarify the vague norms in the implementation process of the system and make it more operable. |
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