Establishment Of Punitive Damages Institution In The Environmental Tort

China’s current environmental violations have occurred, and brought serious harm to people’s production and life and even life and health. Legal take is the principle of compensatory damages in environmental tort cases, this principle is in reality very difficult to play the basic requirements of law "to punish evil. Addition to the requirements to compensate for the infringement of the main consequences of infringement, punitive damages, but also on the environment subject to infringement of the appropriate punishment. Compared with the traditional compensatory damages, punitive damages for the protection of people’s environmental rights, suppression and environmental tort undoubtedly have a greater advantage. Moreover, punitive damages is to achieve social fairness and justice in real terms, to promote social harmony in the meaning of the question. Punitive damages system is a useful complement to the existing compensatory damages regime, once the introduction of environmental infringement, two compensation system will complement each other in order to effectively compensate for the lack of a simple application of the compensatory damages system. The basis of modern science and technology, the basis of related systems, as well as the social foundation of maturity and perfection, the introduction of punitive damages in environmental tort has a mature condition. Although punitive damages system at this stage there are still many disputes and imperfections, requires further in-depth and detailed architecture, but I believe that in the current social system, based on China’s judicial practice, the integration of existing judicial resources, scholars and experts, joint research, the punitive damages system into China’s environmental tort liability relief, will certainly improve China’s environmental tort legal system play a substantial role.The article is divided into four parts. The first section explains the meaning of punitive damages, and punitive damages and compensatory damages, and then analyzes the special features of the punitive damages. The second part describes the China Environmental Tort Liability Principle-the principle of liability without fault, and that principle in the infringement of China’s environment and its limitations. The third part from the many in-depth analysis of China’s environmental tort liability in the punitive damages the principles of necessity and feasibility. Part IV proposes a series of recommendations on how to structure our environmental tort scientific and reasonable punitive damages system.This paper attempts to illustrate the feasibility and necessity of environmental tort applies to the system through the punitive damages system is relatively in-depth analysis, so as to achieve will be introduced for this purpose among the existing environmental tort relief system. Then to achieve the goal to improve our civil environmental tort relief system.