Study On Punitive Damages In Environmental Torts

By use of the methods of comparative analysis, historical analysis, case analysis,and inductive analysis, this article has a systematic discussion from four aspectsincluding environmental torts and the limitations of their relives, the summaries ofpunitive damages, the feasibility of punitive damages in environmental torts and theplan of the system of punitive damages in environmental torts. Through referring topunitive damages in common law system, it's purpose is to remedy the disadvantagesof traditional system of compensative damages, to consummate the current civilliabilities system of environmental torts in our countries, and to promote the legalconstruction of our country's environmental torts. In modern society, environmental pollution and ecological deterioration arebecoming more and more serious, which not only injure people's personal rights,property rights and environmental rights and interests, but also hinder the implementof the strategy of sustainable development. How to deal with environmental crisis andprotect the legal rights and interests of numerous social members have become hotspots in legal research. Environmental torts are different from normal civil torts. Theyhave characteristics of unfairness, sociality, value and long-term. The current civilrelief system of environmental torts in our country is restricted by the principle ofcompensative damages. It not only can't offer adequate relief for victims, but also isunfavorable for preventing torts from happening again. Therefore, it's necessary tobring punitive damages into the relief system of environmental torts. Punitive damages is a civil relief system in the countries of common law system.It's a civil liability which violators should take for victims because of performing torts.It's different from mental damages, criminal fine and administrative punishment. Ithas functions of compensation, encouragement, intimidation and punishment. Nowthis system not only current in the countries of common law system, but also starts tohave an important impact on the countries of continental law system and legalacademic circles in China. It's a kind of useful supplement of the system ofenvironmental damages, and it's favorable for social justice and real fairness. While punitive damages is applied in environmental torts, subjective intention andserious negligence are needed. Objective elements consist of real harm to victims,defendants' profiting from the torts, plaintiffs' lawsuit for punitive damages, etc.However, in the event of force majore, acts by the third party, and the faults of victims,the tortfeasor may be exempted from his liability of punitive damages. Punitivedamages should include victims' personal, property, mental harm and loss ofenvironmental rights and interests. The accurate sum of punitive damages can bedetermined by the psychology of victims, intimidation effects, property status ofvictims, etc. Meanwhile, it's necessary to make some limitation to the damages.Besides, we can use the original liability of causality proof in order to avoid lawsuitabuse. And we also should establish a specific account to make sure of the fairness ofcompensation.