The Application Of Punitive Damages In Environmental Tort

Punitive damages system first appeared in England, mainly applies in the UK, has been 200 years of history, Punitive damages system in continental law system countries is controversial, but some mainland state legislation has appeared in the system. Our country in the 1990 s, also introduced the system of punitive damages. For a long time, the extensive development of economy in our country, makes the environment infringement problem in recent years in China is facing a serious challenge, Air pollution, water pollution, soil pollution, a series of environment problems emerged, has the serious influence to people’s survival and development. The traditional environmental tort civil remedy cannot contain serious environmental tort, the punitive compensation system, however, both the value of punitive and compensatory superiority, therefore, attracted more people to explore.Present situation of environmental problems in China, the use of law and economics in this paper, the introduction of punitive damages system in environmental tort. This article is divided into four parts altogether:the first part Outlines the punitive compensation system the meaning, function, nature, and in the history of Anglo-American law system and continental law system.The second part expounds the present status and existing environmental law system about how to maintain the environment infringement, the shortcoming of the existing legal system of environmental protection, to introduce the punitive compensation system the pictures;at the same time, respectively from the characteristics of the environment infringement, safeguard the value of fairness and justice, promote the transformation of economic structure analysis of the necessity of introducing punitive damages environment infringement. The third part tells the story of law and economics point of view, and from the Angle of law economic reveals the economic nature of the environment infringement is tort costs internalization, by establishing the corresponding economic model,such as, cost-benefit theory shows that whether can apply punitive damages system in environmental tort. The fourth part tries to establish a complete system of law enforcement.In this paper, using the knowledge of the law and economics, with the aid of law and economics analysis tool, the legal system and quantitative economic problems, the establishment of the economic model has a scientific legal system can better research, combining the theory of production function, the punitive compensation system of escape to the probability in this paper.