Study On Punitive Compensation System For Ecological Environment Damage ——Take The "Haze Case" In Dezhou As An Example

Punitive compensation for environmental damage is an important embodiment of implementing and strengthening ecological and environmental protection.This paper selects the environmental judicial guidance case "Dezhou haze case" as a practical example,and is committed to the theoretical research on punitive compensation for environmental damage.The full text is divided into four parts,in addition to the introduction,there are three chapters.The first part is the introduction.This chapter mainly introduces the research significance,research status and research methods of punitive damages for environmental damage at home and abroad.This paper points out many theoretical problems about punitive compensation liability in China’s environmental justice,analyzes the actual situation of Civil Punitive Compensation in common law countries and civil law countries,and emphasizes the reference of the beneficial experience of extraterritorial rule of law.The second part is the case analysis and dispute focus.This chapter mainly introduces the basic situation of the "Texas haze case",combs the dispute focus of the case,and makes an in-depth analysis of the dispute focus.The third part is the legal analysis of the problems related to the punitive compensation system for ecological environment damage.One is to analyze why no social organization brings punitive damages and find its institutional obstacles,which can not be solved by the existing theories.The second is to analyze the procedural and substantive elements of the defendant’s punitive liability for environmental damage.The determination of the qualified defendant in procedure can still adopt the traditional theory of civil procedure law.The substantive elements have changed from the "three elements" of traditional environmental tort to the "four elements" of general tort liability.The third is to analyze the role and effect of punitive damages.The role of punitive damages in environmental damage compensation litigation is mainly sanctions and deterrence rather than compensation.Its effect still needs some time to test.Fourth,analyze the determination of punitive damages.Punitive damages have the nature of administrative punishment rather than civil compensation.The fourth part is the Enlightenment of the case study.Through the analysis,three conclusions are drawn: first,we should expand the scope of the subject’s action for punitive damages for environmental damage from the basic theory of procedure law;second,the improvement of the constituent elements puts forward higher requirements for the proof ability of social organizations,and the qualification of social organizations should be limited.Third,punitive damages have the nature of administrative punishment rather than civil compensation.