| The civil code has established the system of punitive damages in the field of ecological environment.Compared with the function of compensatory compensation,the function of punitive compensation is more abundant,which is reflected in the high amount of compensation to sanction illegal acts,so as to reduce the possibility of illegal acts and encourage the infringed to exercise their rights.Punitive damages system realizes the transformation of ecological environment protection direction from repair to prevention.Its purpose is to make up for the shortcomings of the existing tort liability system and increase the punishment of malicious tort.According to the provisions of the civil code,punitive damages in the field of ecological environment damage should have three elements: illegality,subjective intention and serious consequences.On January 4,2021,the people’s Court of Fuliang County,Jiangxi Province applied the punitive damages clause in environmental public interest litigation for the first time.This case brings the theoretical dispute on whether punitive damages are applicable to environmental public interest litigation into practice.Although some scholars object to the application of punitive damages in environmental public interest litigation,from the perspective of the principles and requirements of ecological environment protection,in order to fully realize the function of environmental public interest litigation,it is necessary,legitimate and feasible to apply punitive damages in environmental public interest litigation.From the first case of punitive damages in environmental public interest litigation,the application of punitive damages should focus on the protection of the right to claim punitive damages,the distribution of the burden of proof and the standard of proof,the determination and distribution of punitive damages.As the legal provisions on punitive damages in article 1232 of the civil code are relatively vague,it is necessary to clarify the rules of punitive damages in environmental public interest litigation,so as to realize the purpose of punitive damages system for ecological environment.First of all,according to the characteristics of environmental public interest litigation,we should reasonably allocate the burden of proof when applying punitive damages,and adjust the standard of proof according to the "quasi penalty" nature of punitive damages.Secondly,the relationship between punitive damages and fines should be linked to avoid the repetition of punishment.Thirdly,we should make clear the influencing factors of punitive damages calculation,adopt scientific and reasonable calculation standards,prevent excessive exercise of discretion,and determine the ownership and distribution of punitive damages.At the same time,according to the different eco-environmental tort,we should set up a variety of forms of punitive damages under the guidance of the concept of combining education and punishment.Finally,the establishment of punitive damages supporting measures,through the establishment of punitive damages regulatory measures,build punitive damages information platform to promote the realization of punitive damages system functions. |
