Environment Infringement Of Punitive Damages

Now days the phenomena of environmental pollution arebecoming more and more serious,which has encroached on personalrights and property rights. How to compensation the damages andcurb the environmental infringement is the intention of this essay.For the subjects of environment tort are inequality anduninterchangeability, the object is duality,the consequence ofenvironmental pollution is complexity, sociality, sudden and severity, inthat case,the remedy of environment tort should different fromtraditional ways.compensatory damages and principle of liabilitywithout fault can not accommodate to modern environment tort.The objective of the essay is to discuss whether adore punitivedamage into our countrys environment protect law system. Punitivedamage is civil relief in the countries of common law system. from thepunitive damages system summary, the feasibility and necessity of usingpunitive damages into environmental tort relieving, the function of thesystem of punitive damages in environmental torts, to the reconstructiveof the system of punitive damages in environmental torts tosystematically analyze.The core of the article is to analyze the necessity and feasibilityof punitive damages for environmental tort into the necessity of analysis,mainly from the compensatory compensation and no fault principle tothe limitations of, in addition to the existing administrative punishment ofthe shortcomings of the methods, therefore, it is necessary to in thefields of environmental infringement punitive damages. On the otherhand because punitive compensation system theory to mature, thefusion of the two law systems, the transformation of the civil lawconcept for the environment for punitive damages laid a theoreticalfoundation, plus our countrys legislation and judicial practice of punitive damages have relevant regulations and case, therefore theenvironment infringement punitive damages has accumulated awealth of valuable experience.Finally, a part of the main talk about our country environmenttort punitive compensation system construction in the western countriesfocus on the basis of experience in China of punitive damages theapplicable condition, the scope of compensation and theestablishment of environmental tort compensation fund.