| Article 1232 of the Civil Law provides that punitive damages may be applied in the field of environmental tort,later,the Interpretation of the Supreme People’s Court on the Application of Punitive Damages in the Trial of Disputes over Ecological and Environmental Torts provides for the application of punitive damages in environmental civil public interest litigation cases in principle.However,the Interpretation does not address why it should be applied and the problems in its application.To begin with,the subjective elements of punitive damages in environmental civil public interest litigation are narrowly defined and the outcome elements are general.What’s more,the use of punitive damages is not clearly defined.Finally,the high amount of punitive damages and the single way of enforcement make it difficult for the aggressors to bear the responsibility of enforcement.There are two main views on the application of punitive damages in environmental civil public interest litigation,namely the "affirmative" and "negative" views,both of which are based on normative interpretation.The affirmative view is more reasonable and in line with the actual situation.In addition,the nature of environmental civil litigation and punitive damages are common and their functions are compatible.By drawing on the experience of the United States and France in China,as well as legal provisions and cases,punitive damages are applied in environmental civil public interest litigation:the subjective element of "gross negligence" is added to the elements,and the outcome element is defined qualitatively.A special public interest fund is established for the payment of punitive damages.The court also established a public interest fund to guide punitive damages and developed mechanisms to support the establishment of a workers’ compensation mechanism and an environmental insurance system to expand the benefits of punitive damages in environmental public interest litigation. |
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