Research On Environment Tort Punitive Damages System In China

The rapid development of economy bring environmental pollution,this problem has become a serious social problem. how to construct a perfect legal system to curb environmental tort is imminent. In our country, environmental tort liability is based on principles of compensatory. This principle has its defects.So we should reflect the shortage of the legal system of environmental tort in our country, to search for a complete environment protection law system. It is based on the general situation of the content of this system, this paper tries to build the environment infringement of punitive compensation system to solve the situation of our country’s environmental degradation. And the punitive damages in our country also has its applicable precedent, when it compared to the compensatory damage system.This article embarks is based on the basic theory, thinking about the legal basis to demonstrate its rationality of existence. And through analyzing the existence the necessity and feasibility of this system, we can see,it is necessary to introduce the punitive damages system in our country. This all want to protect the interests of the vulnerable victim of the tort of great significance. Also some part of our current legislation law is about punitive damages provisions, in combination with these provisions, draw lessons from the general tort liability law regulations the components of the inf-ringer liability, trying to find the necessary constitutive requirements to environmental tort. Successively learn from the aspects of subjective and objective elements were analyzed, and identified the punitive damages responsibility the behavior of the constitutive requirements to be met. In this paper, basing on the general situation of environment tort legislation in our country, to preset the tort system of punitive damages, to protect environment. Through the construction of supporting system, take the punitive damages system as the breakthrough point, in order to set up a sound system of environmental protection system, being devote to environmental resources, ecological balance and the country’s economic.