Research On Establishing Punitive Compensation System For Environmental Infringement In China

At present,the environmental risks in our country are on the eruption.People are generally aware of the serious impact of environmental degradation on human health and well-being.However,the existing relevant judicial system is somewhat difficult to adapt to today's environmental problems.Exceptions of punitive damages Compensation system,so that the traditional theory of civil law constantly advancing with the times,meeting the needs of our social and economic progress,while maintaining its own attributes remain unchanged,give full play to the role of environmental protection,and constantly expand the theory and provisions of civil liability to balance the social The interests of all parties,a clear law on the value orientation of environmental protection,and promote social environmental protection forces involved,and effectively ease the current sharp conflicts in environmental pollution.Through the understanding of the basic principles of environmental tort and punitive damages,combining with the domestic judicial and practical experience,the objective needs and significance of the introduction of punitive damages are clarified in order to discuss the justifiable basis for the construction of punitive damages for environmental pollution in China.Based on the existing applicable experience in our country and abroad,we combine the national conditions with the social basis and find out the practical feasibility of its application.Refer to the relevant practice of extraterritorial related,the proposal for establishing punitive compensation for environmental infringement in China was proposed.This paper will introduce its theoretical methods,the determination of the main body and the amount of the referee and other issues.Punitive damages shall be applied in cases where the perpetrator has intentionally caused environmental pollution infringement.The amount of compensation should be between one and three times the compensatory damages.The court has discretionary power over the determination of the specific amount.