Application Of Punitive Compensation In Environment Violation

This paper consists of five parts. At the first part, commences from the concept, characteristic of environmental tort first, elaborating the environment is different from the traditional tort. Then from two kind of legal structures separately inspects traditional civil law to modern civil law evolution, public and private growing fusion of social law. Although modern civil achieved by individual to social standard. The evolution also reflected in the definition of environment tort responsibility. But in damage compensate aspect, still applying traditional compensatory damages become outdated. From the perspective of the social, since environment tort has gone beyond the framework of tradition civil law, the damage compensation must different from traditional way of damages. So, whether it's from the modern civil law or social law, traditional compensatory damages to solve environmental problems will feel unable to tort damages. At the second part of this paper is the system analysis of punitive damages, punitive damages mainly from the West, the concept theory and analysis functions and to understand the differences between the characteristics of punitive damages. Then we can find out that the modern punitive damages are more used in the private and public fixed legal fields. So I can say that the punitive damages are very fit with the environmental tort in some fundaments. The third part of the paper main demonstrated reasonable that the punitive damages in environmental tort from jurisprudence and economics. Subsequently, the article analyzes the necessity and the feasibility of the punitive damages in the environmental tort under our states' condition. In the fifth part, the paper discusses the Environmental tort system for the application of punitive damages. Paper discusses the specific application from two parts with the entities and procedures. And concerned with the civil and environmental legislation tendency, the paper makes an analysis of how can the punitive damages fit into our legal system.