Research On Punitive Damages In Environmental Civil Public Interest Litigation

Since the reform and opening up,with the rapid economic development,the degree of deterioration of my country’s ecological environment is obvious,and a large number of environmental pollution and ecological damage have occurred.However,the construction of ecological civilization is the fundamental plan related to the sustainable development of the Chinese nation.Since the 18 th National Congress of the Communist Party of China,under the strong leadership of the CPC Central Committee with Comrade Xi Jinping as the core,the promotion of ecological environmental protection in my country has undergone overall changes from awareness to practice.The environmental civil public interest litigation system came into being and became an effective way to solve environmental damage.The Environmental Protection Law,the Civil Procedure Law and related judicial interpretations provide a legal basis for environmental civil public interest litigation.Since the Consumer Protection Law first introduced the punitive damages system in my country,the Food Safety Law,Trademark The punitive compensation system has also been successively stipulated in the Law,and the punitive compensation system has been extended to the field of environmental tort damage compensation,which makes the research on the punitive compensation system in our country have a long-term development space.However,in judicial practice,due to the complexity and latent nature of environmental damage,punitive damages in environmental civil public interest lawsuits generally have problems such as ambiguous standards for punitive determination of environmental damage,inconsistent evaluation rules of appraisal and evaluation agencies,and irregular fund management and use..The recurring problems of destroying the ecological environment make the damaged environment unable to be treated and repaired in time,which has become one of the main contradictions restricting the sustainable development of my country’s social economy.By learning from the experience of punitive compensation system for environmental damage from other countries,under the framework of my country’s existing environmental civil public interest litigation,in view of the problems existing in judicial practice of punitive damages for environmental damage,it is proposed that the application of punitive damages for environmental damage should be clarified.Conditions and specific rules,unify the management and use norms of punitive damages for environmental damage,strengthen the supervision of the management and use of damages,and achieve the purpose of effectively curbing malicious damage to the environment.