Study Research On Punitive Compensation For Ecologicaland Environmental Damage

The introduction of punitive compensation system for ecological environment damage in the Tort liability part of the Civil Code is a further expansion of China’s punitive compensation system,which has important significance of system value.But in the tort liability edition,it only makes general provisions on punitive damages for ecological environment damage,and the specific understanding and application of this system in China’s judicial practice is still in its infancy.This paper will study the ecological environment punitive compensation system from four parts,from the basic theoretical concept to the concrete system construction have done a comprehensive demonstration.The first part of this paper is the definition of the basic concept of punitive compensation system for ecological environmental damage.This part first studies the relevant concepts of ecological environmental damage and introduces the basic connotation of punitive compensation system,and distinguishes the concept of ecological environmental damage and compensation for ecological environmental damage.The second part is the institutional value of punitive damages for ecological environment damage,which is mainly divided into three parts.The first part is the value of risk prevention.According to the characteristics of China’s current risk and the objective conditions of punitive damages for ecological environment damage,the institutional value of risk prevention is expounded.In addition,the system also has the dual value of relieving the infringed and perfecting the environmental tort liability system.The third part is the core content of this paper,which mainly analyzes the difficulties in understanding and applying the punitive compensation system for ecological environmental damage,including whether the scope of application is unique,whether environmental repair liability and punitive compensation can be applied in parallel,and the attribution of punitive compensation.The fourth part starts from the difficulties mentioned above and carries on the theoretical optimization one by one.The scope of application of punitive damages for ecological environmental damage should not be limited to public interest litigation,environmental repair responsibility is the applicable basis of punitive damages,and the two can be applied in parallel.In addition,punitive damages should be multiple categories in order to achieve its optimal application effect.