Punitive Damages In Environmental Tort Liability In The Applicable Study

This paper consists of five parts.At the first part,the paper's main focus has been pointed out: Does the special environmental tort needs a special rule of damages? In order to solve this question,The paper analyzes the environmental tort's legal position from it's special features,and comes out a conclusion that the environmental tort has been different with the traditional civil torts,and even not a simple problem of the civil law's socialization.It has been into a new legal field that is fixed by civil and public law------social law.This special position needs a qualified rules of damages------punitivedamages;and then,the paper discusses the concept,the history and some other specials of the punitive damages,and finds out that the modern punitve damages are more used in the civil and public fixed legal fields.So I can say that the punitive damages are very fit with the environmental tort in some fundaments.Following this basic analysis ,the paper then discusses the punitive damages'necessity and the feasibility in the environmental tort under our states'condition.In the fourth part,the focal point is how to use the punitive damages'in the environmental tort.From the specials of every rules,this part analyzes the applicable field,the applicable factors,the parties concerned and how to define the punitive damages in detail.The fifth part comes back to the point of legislation, concerned with the civil and environmental legislation's tendency, the paper makes an analysis of how can the punitive damages fit into our legal system.In the part of conclusion,the paper points out that the punitive damages is only one of the ways to sovle environmental trouble,and it should be with some other rules to establish a perfect environmental damages system with joint efforts.