Research On Punitive Damages In Environmental Tort

In contemporary society,the phenomenon of environmental pollution and ecological destruction is becoming more and more common,which has caused serious damage to human health and property,and hindered the implementation of sustainable development strategy.How to avoid the damage to the environment,protect the legitimate rights and interests of citizens,has become a hot issue in the field of law,the full realization of the environmental tort civil relief,which is conducive to compensate for the loss of the victim,is conducive to better protect the environment.Environmental tort is a kind of special civil tort,which is different from common civil tort.At present,China’s environmental tort civil relief system is the principle of compensatory compensation,to fill the loss as the main purpose,although it can be on the victim’s right to health and the property right of the loss to certain compensation,it doesn’t make up for victims of long-term suffering and huge litigation costs and other losses,no more to continue to curb tort.Punitive damages is an important means of tort relief in Anglo American law system,which plays a very important role in judicial practice.It began to have an important impact on the countries of continental law system and law circles of our country,the introduction of punitive damages in environmental tort is a useful supplement to the current civil relief system,is conducive to reflect the social justice and fairness.Therefore,the introduction of punitive damages in the environmental tort relief system is particularly important,this paper attempts to introduce the punitive damages system in the existing environmental tort relief,the compensatory damages and punitive damages coexist within civil tort relief system,hope will be of benefit to environmental tort legal system construction of our country.This paper is divided into four parts.The first part is an overview of the full text.This paper expounds the concept and nature of punitive damages in environmental tort,and on the basis of this,it discusses the relationship between punitive damages in environmental tort and environmental tort liability.The necessity and feasibility of the second part in-depth analysis of the tort of punitive damages,and offers the theory of punitive damages and the obstacles and their countermeasures,and provide a solid theoretical basis for the application of punitive damages in the field of environmental tort in china.The third part describes the legitimacy of environmental tort punitive damages,respectively,from the theoretical basis and practical basis of environmental tort punitive damages in two areas.On the basis of the theory,it is mainly from two aspects of legal argumentation and economic analysis,and in reality,it is mainly from the foreign judicial practice and domestic judicial practice in two aspects.The fourth part is the specific design of the system of environmental tort liability of punitive damages,mainly from the applicable conditions,determine the amount of punitive damages is discussed in two aspects,in order to achieve immobilization in the environmental tort liability of punitive damages.