Research On The Responsibility Of Punitive Compensation For Ecological Environment

At present,there are many incidents of ecological environmental infringement in our country every year,One of the reasons why it is difficult to effectively control Eco-environmental infringement is that the cost of violation of the infringer,The "Civil Code of the People’s Republic of China" introduces punitive compensation liability in the ecological environment tort liability,through which the infringer’s illegal cost can be increased,thereby reducing the occurrence of ecological environment infringement cases.First of all,this article will study the application of punitive compensation liability in ecological environmental torts,analyze the positive significance of applying punitive compensation liability to ecological environment protection,and analyze the theoretical basis and feasibility of applying this liability in the field of ecological environment;Secondly,this article will study the specific conditions for the application of punitive damages in accordance with the provisions of the law,In the determination of subjective intention,the concept of "knowingly" and the application experience will be used for analysis,In the determination of objective violations of the law,both the subjective consciousness of the behavior and the final result caused by it must be considered,For the determination of serious consequences,it is necessary to consider both the damage to the ecological environment itself and the damage caused to the person and property of the individual,Both of these aspects need to be judged to the degree of severity;Finally,this article will study the determination of the application of punitive damages in the field of ecological environment,Analyze and summarize the calculation models and application experience of punitive damages in other fields,combining the characteristics of the ecological environment and the characteristics of torts,Discuss the calculation method and consideration factors of punitive damages in ecological environment infringement.