Study On Punitive Damages System In The Remedy For Environmental Tort In China

The characteristics of environmental tort are different from traditional forms of tort.These features embodied in the following points: firstly,the perpetrator and the victim has the status of inequality,secondly,environmental tort has the characteristics of public nuisance and private harm at the same time,thirdly,this type of tort can lead to serious harm and the origin is complex.Considering these characteristics of environmental tort,the remedy for environmental tort should be inclined to protect victims and focusing on the prevention in advance.Personal and public interests should be given the same maintenance in the process of remedy.Punitive damages just fit the special requirements of the remedy for environmental tort,because it has the characteristic of focusing on protecting the victim,and the attribute of maintaining both public and private interests and the unique prevention function.This indicates that punitive damages match with the remedy for environmental tort naturally.In terms of our country at present,the existing means of solving the problem of environmental tort have so many limitations.Thus,to solve the problem of environmental tort effectively,it is necessary to introduce a new system.Then the punitive damages can be considered to change the present situation.At present,the punitive damages has been applied in some other fields in our country,so to establish punitive damages system for environmental tort in China is feasible and have the institutional foundation.On this basis,this paper also illustrates the author’s fundamental conception of punitive damages system for environmental tort in our country,including the applicable conditions of punitive damages for environmental tort,the method for determining the concrete amount of compensation,as well as how to allocate the fund.