Talk About The Punitive Compensation System Introduced Into Our Country Environmental Legislation

In modern society, environmental pollution and ecological deterioration are becoming more and more serious, which injure people's personal rights and property rights, hingdering the implement of the strategy of sustainable development. How to deal with environmental crisis and protect the legal rights and interests of numerous social members have become hot spots in legal research. Full realization of civil remedy for environment tort is not only beneficial to compensate the victim's damage, but also beneficial to protect the environment better. Environmental tort is a special kind of civil tort, different from the ordinary civil tort. At present, the relief issue of our country environment tort is still in the embarrassing situation. Current environment tort relief system for civil compensation principle is compensatory, to fill the victim loss as the main purpose. Although it can play a certain compensation to health and the property right of the loss to the victim, but can't compensate victims long-term suffering and the huge litigation cost, failing to provide adequate legal relief for victims, unfavorable to curb the happen of infringing act. On the other hand, the lower the amount of compensation cannot produce enough deterrence and curb role to injures, and prevent them continuing to implement the behavior of the environmental pollution.Punitive compensation system is an important tort relief system, rooted in the Anglo-American law system, which plays a very important role in judicial practice. This system has already played an important impact on the mainland legal system country and law field in our country. Introducing punitive compensation into the environment infringement system is a useful supplement to the current civil relief system, which is beneficial to reflect social fairness and justice and the substantial fairness. Therefore, introducing punitive compensation into the environmental tort relief system is particularly important. This article tries to introduce punitive compensation system into existing environmental tort relief system, making the compensatory compensation and the punitive damage coexist within civil tort relief system.This paper is divided into four parts. The first part of this paper expounds the concept and features of the environment infringement. On the basis of evolution history of the environment infringement imputation principle, it points out that China's current environmental tort civil liability principle of the rules is no fault liability principle.The second part is about the basic theory of punitive compensation system, analyzing the relations between punitive compensation and compensatory damages, as well as development history punitive compensation system. Highlighting the victim's favorable indemnificatory of punitive compensation system to victims of civil tort.The third part deeply analyzes the necessity of introducing punitive compensation system with feasibility conditions in our country at present, which opens up theoretical ideas for the punitive compensation system.The fourth part is about the system design in our security punitive compensation system.