Environmental Tort System Of Punitive Damages

Today, with the rapid development of economy, environmental pollution and ecological damage have been increasingly severe and the environment tort's cases occur frequently, which is not only against the concept of sustainable development in our country, but seriously violates the personal rights, property rights and environmental rights of our citizens. Therefore, from the perspective of the environmental tort liability, this paper analyzes the related theories on punitive compensation system of environmental tort and tries to explore an effective legal system so as to achieve the purpose of sanctioning and preventing environmental tort, providing fully relief to the victims of environmental tort and better protecting the ecological environment.This paper mainly uses the comparative analysis method, historical analysis method, and the induction analysis method. It analyzes the compensation system of environmental tort at home and abroad comparatively, the development of compensation system of environmental tort historically and the related concepts and systems of compensation system of environmental inductively.This paper mainly is divided into four parts:Chapter one mainly analyses the related theories of environmental torts. It discusses the concept, characteristics and objects of environmental tort and the present situation of compensatory compensation system of environmental tort in our country. Among them, one of the objects of the environmental tort, the environmental rights, is emphasized. It also introduces the development process, basic connotation and legal attribute of the environment right.Chapter two describes the related theories of punitive compensation system. It introduces the definition and characteristics of punitive compensation system, the origin and development of punitive compensation system abroad and the relevant records about the thoughts of punitive compensation system in ancient China. It also focuses on the four functions of punitive compensation system:compensation, punishment, prevention and incentive, and analyzes the relation of punitive compensation and compensatory compensation.Chapter three mainly analyzes the feasibility and necessity on bringing in punitive compensation from the environmental tort relief. The feasibility of bringing in punitive compensation from the environmental tort relief in our country is that China has good historical tradition and social foundation of bringing in punitive compensation. Meanwhile, our domestic legislation and theoretical research have demonstration significance to compensation system of environmental tort. In addition, the particularity of the environment tort is the system foundation of the introduction of punitive compensation. The necessity of bringing in punitive compensation is that compensatory compensation of the environmental tort in our country now has four defects:it is difficult to adapt to the change of economic environment, to realize the substantial justice, to prevent the illegal behaviors and it will make our country's civil rights and interests protection in environment lie in a disadvantageous position in economy globalization. The found of punitive compensation system of environmental tort can make up these four disadvantages:it can better meet the needs of the market economy; realize the social fairness and justice because of its compensation function and stronger sanctions function, prevent illegal activities and at the same time change our country's civil environment rights and interests protection in international disadvantage.Chapter four is analyzed and discussed from three aspects:the applicable condition of environmental tort punitive compensation system, the confirmation of the damage compensation amount and the defenses of applying environmental tort punitive compensation system, trying to build environment tort punitive compensation system in our country.