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

With the development of economic globalization,China's economic development also brings many environmental problems,environmental pollution,ecological destruction.Some companies have no bottom line in the pursuit of economic interests,destroying the environment without scruple and agrressing upon people's rights and interests.Environmental infringement is different from the general tort.It is long-term,latent,complex,indirect and so on.We must use a variety of legal means to curb the occurrence of environmental infringement.The traditional law system of environmental infringement mainly relies on the administrative law,the criminal law and the civil law to regulate the environmental tort,but all of them has the certain flaw and can not restrain the environmental infringement effectively.Therefore,on the basis of reflecting our existing system of environmental tort relief,exploring a new legal system to curb environmental infringement imminently.Punitive damages has the functions of compensation,punishment,prevention and incentive.Based on compensating the loss of the victim,punitive damages has punished infringer by imposing high fine on him,which makes the infringer have no profit in the infringement and makes him fear and dare not do similar acts.This can play a preventive role of environmental violations.Therefore,the application of punitive damages in curbing environmental torts can make up for the shortcomings of the traditional system.It can conducive to the realization of substantive fairness.The thesis consists of six parts: the first part is the introduction,which mainly introduces the background and significance of research,the present situation of research,the content of research,the method of research and so on.The second part mainly introduces punitive damages system of environmental tort.The third part is the theoretical basis of the punitive damages system in curbing environmental tort,from the perspective of law and economic to analyze.The fourth part is the analysis of feasibility and necessity about constructing punitive damages system for environmental tort in China.The fifth part is the inspection of the US system about punitive damages for environmental tort and the enlightenment for our country.This paper summarizes the relevant legislative experience of the United States punitive damages system in the field of environmental tort and provides asuccessful example for constructing the system of punitive damages for environmental tort in China,which is a classical breakthrough in environmental tort-Exxon oil pollution case in American history.The sixth part is the construction of punitive damages system for environmental infringement in our country.From the four specific aspects to explore,including condition of application,the main body of the application,the determination of compensation for the base,the amount of punitive damages and the attribution.In order to promote the system of punitive damages for environmental tort.