Study On Punitive Damages In Environmental Civil Public Interest Litigation

Building a sound ecological environment is not only the broadest public interest,but also the most beneficial livelihood welfare for mankind.However,the phenomenon of environmental infringement in pursuit of interests is still repeatedly banned.In order to maximize economic benefits,some enterprises take production behaviors that pollute the environment,waste resources and destroy the ecology,resulting in serious ecological and environmental problems.Serious environmental pollution incidents have brought greater challenges to the environmental protection work of our country.How to promote ecological and environmental protection has become a common concern of the whole society.In recent years,as an environmental public interest litigation system to effectively crack down on polluting enterprises,the system has been increasingly valued by experts and scholars from all walks of life who are not limited to environmental protection.The Civil Code has for the first time stipulated the relevant system of punitive damages in the field of ecological environmental infringement,which has built a good legal foundation for the development of environmental civil public interest litigation.So far,it has basically established the legality and legitimacy of the punitive damages system applied in environmental civil public interest litigation.However,the system still faces many problems in the legislative and judicial aspects.The implementation effect of punitive compensation system in environmental civil public interest litigation has been questioned.There are still some problems in this system,such as unclear subject of application,fuzzy requirements of application,difficult to determine the amount of compensation and unsound supporting system.Research shows that,in environmental civil public interest litigation,the application of punitive compensation is of important significance,the system has made great progress in the Anglo-American law system countries,but the civil law system countries have also been exploring and improving,in order to further enhance the institutional advantage of our country,the research on this system should be strengthened and strive to establish a perfect relevant system.This article first elaborated the basic theory of punitive compensation in environmental civil public interest litigation,which laid a theoretical foundation for the development of the following content.Based on the current legislative and judicial status quo,this paper points out the problems existing in the punitive compensation system in environmental civil public interest litigation,and then describes the general situation of foreign legislation and puts forward the reference.On this basis,the following suggestions are put forward for the improvement of the system: First,it clarifies the subject of the right to claim punitive damages.Through analysis,it is found that it is reasonable and legitimate for environmental organizations that meet the conditions to Sue to propose punitive damages in environmental civil public interest litigation.Second,it further defines the applicable conditions of punitive damages,proposes that subjective conditions should include gross negligence in addition to intention,clarifies the meaning of law in the behavioral conditions of violation of legal provisions,and proposes reference factors for the judgment of the outcome conditions of serious damage consequences.Thirdly,it establishes the determination method of punitive damages,proposes that the calculation base and calculation model should be further determined on the basis of the principle of proportionality,proposes that the flexible amount model should be adopted,and the relevant factors should be fully considered in the determination of the amount of damages.Fourthly,a special ecological environmental public welfare protection fund should be set up to effectively supervise and control the use of punitive damages,and suggestions should be made on its possible application.Special environmental restoration funds,special compensation funds for victims and environmental public interest litigation subsidies should be set up.Fifthly,it proposes to establish the management and supervision system of punitive compensation,form diversified forms of punitive compensation,and implement compulsory insurance system of key polluting enterprises.Therefore,it is expected to put forward some suggestions to improve the relevant supporting system.