Thoughts About Legislation Of Punitive Damages In Tort Caused By Public Nuisance

Environmental pollution is one of increasingly serious global crises. Thus, it becomes the heated discussing subject for Chinese and foreign lawyers how to contain and prevent it through legal methods. The purpose of the author' s writing is how to deepen the theory and bring forth new ideas to the legal system for this special act of tort at an angle of liability for tort, so as to effectively punish and prevent this malicious act of tort, then to the largest degree to save the victims' rights, at the same time to protect the environment to promote the ecological trend of civil law and sustainable development. For this sake, on the basis of extensively gathering of material and data, the author expounds and proves theoretically punitive damages in tort caused by public nuisance and advise on legislation through case analysis, comparative proving, inductive reasoning at multiple angles of legal principle and economic analysis.Firstly, the author strictly defines the tort caused by public nuisance and restrict the connotation of it, induce the particularity of it in contrast with traditional civil tort, analyze it from the economic viewpoint, and define punitive damages, introduce the function and historical development of it. On the basis of it, the author fully expounds and proves the necessity of punitive damages in tort caused by public nuisance.Secondly, through comparing the different viewpoints of British and American legal system and continental legal system on tort caused by public nuisance, and analyzing increasing similar trend of them ,the author points out the significance of using the system for tore caused by public nuisance.Finally, the author analyses the existing defects of compensatory damages in handling tort caused by public nuisance at the angles of legal principle and practice and demonstrate the existing legal gap in this area in our country with introducing the sole law provided in contract area in...