Study On The Application Of The Punitive Compensation System For Ecological Environment Damage

On January 1,2021,the Civil Code of the People’s Republic of China established the punitive compensation system for environmental infringement for the first time,and also established a new compensation system for ecological and environmental damage,which laid a foundation for the application of the punitive compensation system in the field of ecological and environmental damage,and provided a system reference and feasible space.On January20,2022,the Interpretation of the Supreme People’s Court on the Application of Punitive Damages to the Trial of ecological and environmental Tort Disputes further explains whether the punitive damages system can be applied to the field of ecological and environmental damage.According to the expression of "can refer to" punitive damages for ecological and environmental tort,The Supreme People’s Court has recognized the possibility of the application of punitive compensation system in the field of ecological environmental damage.The judicial practice of punitive compensation for ecological environmental damage is based on the discretion of judges,which is an important progress in our legislation and judicial field of compensation for ecological environmental damage.Based on our current judicial status,the application of the punitive compensation system for ecological environmental damage has not been widely popularized in the judicial practice.There are still many problems such as "different types of sentences" in the reasonable use of the punitive compensation system in different ecological environmental damage litigation cases.This paper focuses on the application of the punitive compensation system for ecological environmental damage.It is hoped to improve and optimize this system by combing the status of our legislation and judicial adjudication and analyzing the existing problems in the ecological damage field of the current punitive compensation system and putting forward corresponding countermeasures according to the existing problems.This paper consists of four parts,mainly as follows:The first part is the introduction.By analyzing the purpose and significance of the topic selection,research status at home and abroad,research methods,innovation points and deficiencies of this paper,the application of the punitive compensation system for ecological environmental damage is comprehensively grasped from the aspects of the research background and research value of this paper.The second part discusses the legislation and judicial status of punitive compensation system for ecological environmental damage.The legislation status of the punitive compensation system for ecological environmental damage is analyzed,and the relevant provisions of the existing laws and regulations,judicial interpretation and local government norms are sorted out.This paper expounds the judicial status of the punitive compensation system for ecological environmental damage,selects seven judicial case samples as research objects and summarizes the relevant judicial practice of our system.The third part is about the problems in the application of punitive compensation system for ecological environmental damage.On the basis of analyzing the status quo of legislation and judicial judgment applied to the punitive compensation system in the field of ecological environmental damage,this paper analyzes the four problems still existing in the application of the system,which are: There are "different judgments in different cases",inconsistent application of punitive damages,unclear connection with other public law responsibilities,and unclear provisions on alternative ways of performance of labor compensation.Part four is about the improvement of our system of punitive compensation for ecological environmental damage.According to the problems found in the third part,this part makes targeted responses to improve countermeasures,which consist of the following four aspects.On the elaboration of the constituent elements of punitive damages,it includes moderately expanding the scope of subjective elements: including gross negligence;Clear standard of proof of causation: apply "high probability".In the improvement of the relevant provisions of punitive damages,including the determination of punitive damages calculation method,improve the attribution and use of punitive damages.In order to improve the connection between punitive compensation for ecological environmental damage and other public law liabilities,we should clarify the settlement order of punitive compensation for ecological environmental damage and other public law liabilities,and improve the connection procedure between punitive compensation for ecological environmental damage and other public law liabilities.In the improvement of the alternative performance of the compensation of punitive compensation for ecological environmental damage,including the improvement of the applicable rules of labor compensation,the implementation of multiple performance of labor compensation.