A Study On The System Of Punitive Damages In Environmental Torts

In recent years, with the rapid economic development, people's material life has been dramatically improved, along with its development of various pollution caused endless trouble to mankind. According to incomplete statistics, China's industrial pollution accidents occur each year from the many thousands, the resulting civil litigation is increasing. With economic development, the trend of increasing environmental pollution occurs. The traditional limitations of environmental tort compensation system has not regulate environmental pollution by some malicious, according to the homogeneity of the existing compensation, not only for the relief of victims of environmental torts serious shortage, but also makes the perpetrators through the rational interests of the measure the infringer to laissez-faire attitude. Punitive damages because the victim has a higher standard and actual damages attributable to the subjective intent of the subjective characteristics of both a compensation function, also has the function of sanctions and prevention. Therefore, the subjective environment with malicious tort cases should apply to punitive damages. And, for causing damage to the spirit and environmental rights and interests should also be given compensation, such compensation can not be measured because of their sex, also showed the characteristics of punishment.Environmental protection measures to address these deficiencies, punitive damages will have the necessary application. Punitive damages in environmental tort system is an environmental tort case based on circumstances or characteristics according to the environmental tort cases, to determine the amount of punitive damages amount, and then sentence the infringer to the environment is much higher than the actual amount of pollution and infringement a system of compensation. Punitive damages and interest as a kind of illegal game environment based on economic means, first used in the United States in the Court's decision, and then gradually extended to other countries. Practice has proved that the system of punitive damages is an effective deterrent method, which can adjust well with the environment, environmental tort victims who contradiction between economic and environmental benefits to promote a win-win. As early as the mid 80s in the 20th century, China has successfully introduced the emissions trading system, in the "Consumer Protection Act" to an active pilot. This paper attempts to punitive damages as well as the basic theoretical issues of advanced foreign experience for reference, for the punitive damages regime of the establishment and perfection to offer a few ideas.This is both start from the special nature of environmental violations, environmental violations and made the first clear legal position, followed by from, drawn from environmental damage should also be applicable to the corresponding special compensation system - punitive damages. Through the concept of punitive damages and a brief description of system functions, analysis of the current academic criticism of punitive damages opinion, and on this basis, the environment Punitive damages the necessity and feasibility of in-depth analysis Finally, punitive damages, according to domestic legislation and practice are summarized in the introduction of the environmental tort system needs attention.