The Research On The Punitive Damages System In Environmental Tort Applicable

The punitive compensation principle is applicable to cases of compensation for damage from environmental tort is of special significance to spread, on the one hand, is beneficial to curb environmental violations, fill on the other hand it also benefits from the lack of homogeneity compensation. But how to apply the principle of the punitive damages in the field of environmental tort damages, drawing on the experience of developed countries, the applicable conditions of mining requires cautious attitude and strict, and the proper standard of punitive compensation amount to be determined. This paper discusses the following three parts of the problem: The first part through the analysis of the current environmental tort legislation and judicial status of compensation, and points out the necessity of punitive damages in environmental tort. The second part analyzes the overseas successful experience of environmental tort of punitive damages, the applicable conditions of punitive damages in environmental tort focusing. The third part combined with China's judicial practice, the construction of our country's environmental tort punitive compensation rules.