| With the development of society,people’s awareness of environmental protection is also constantly improving.The green principle emphasized in the Civil Code and the punitive compensation system added in the environmental infringement book are the best embodiment of environmental protection.The application of punitive compensation system in environmental civil public interest litigation cases is to make up for the deficiency of homogeneous compensation,because the traditional compensatory principle has been unable to take into account the role of compensation,punishment,containment,sanctions,the punitive compensation system is mainly aimed at warning others to curb the occurrence of environmental infringement.Although the Punitive damages system is stipulated in the Civil Code and the Interpretation of the Supreme People’s Court on the Application of Punitive Damages to the Trial of Ecological And Environmental Infringement Dispute Cases,the specific constitutive elements and supporting measures need to be improved from the legislation.Scholars continue to study and discuss to improve the environmental civil public interest litigation punitive compensation system to meet the needs of judicial practice and protection of the social environment.Based on the basic theories of relevant legal documents,such as Civil Code and Interpretation of Punitive Damages applicable to the Trial of Eco-environmental Infringement Dispute Cases,Using comparative method,analysis method to learn from the UK,the United States,France,Australia and other countries of the existing laws to study the advantages of environmental punitive damages system and judicial practice in other legal fields of our country,the topic was studied.Firstly,what is environmental civil public interest litigation is defined,its characteristics are clear,and the concept,characteristics and functions of punitive compensation system are analyzed.Secondly,it analyzes the current situation and shortcomings of China’s environmental civil public interest litigation punitive compensation system;Then,through analyzing the application of the punitive damages system in relation to four countries outside the region,the relevant legal enlightenment is obtained.Finally,on the basis of the above research to improve our country’s environmental civil public interest litigation punitive compensation system to provide some suggestions.This paper puts forward the following reflections:This paper concludes that the construction of punitive compensation system in the environmental protection law should be improved,the role of warning and sanction should be strengthened,the deficiency of compensatory compensation should be made up,and people’s yearning for a better home should be realized. |