Study On System Of Punitive Damages In Environmental Torts

Today the phenomena of environmental pollution and ecological disruption are becoming more serious; it has encroached on people's rights of the body, property right and environmental interests seriously. How to contain and prevent it by legal means is Chinese and foreign lawyer's fond of hot discussion. And how to carry on theory deepening and system innovation to this special tort in terms of liability for tort, thus impose sanction and prevent to such hostile tort effectively, relieve the victim's right to the maximum extent, and achieve the purpose of environment protection at the same time, it is the author's intention of writing this essay.This text mainly uses comparative analytic approach, historical analytic approach and analytic approach, from the punitive damages system summary, the feasibility and necessity of using punitive damages into environmental tort relieving, the function of the system of punitive damages in environmental torts, to the reconstructive of the system of punitive damages in environmental torts to systematically analyze. The purpose lies in drawing lessons from the punitive damages of the common law to remedy traditional compensation for damage system functionally, improving of the environment infringe civil liability system, promoting of our country environment legal construction of infringing.Punitive damages is a civil relief in the countries of common law system. The function of sanction, deterrence, compensating and encouraging, play a great role in the judicial practice. It is caused seriously attention in common law system and the judicial practice. Here and now, face to the embarrassment of our country's environment pirate relief question, due to the result of the environment pirate of charter, the author thought offer the punitive damages to the hostile, serious environmental torts. In this way can correct interests to be damaged to compensate the uneven phenomenon with interests in a certain degree. Making inflictors undertake punitive damages, can not only recover the damage of the victim's material, spirit, but also let the hostile inflictor undertake to resume cost of the ecological environment, raise it infringe cost, weaken its economic base of infringing. Thus prevent the inflictor from implementing the environmental tort, purpose to achieve environmental protection. So it is necessarily to draw the punitive damages into the system of environmental torts in our country.Introducing the punitive damages to the environment infringes, it should regard the...