| The introduction of punitive damages into environmental torts in Article 1232 of the Civil Code has a milestone significance.It’s helpful to improve the phenomenon of "high cost of abiding by law and low cost of breaking the law" in the field of environmental infringement.The "punitive" nature of the punitive damages has not yet reached the level of "punishment" in the field of the public law since its inception,and it is still private law.The introduction of the punitive damages into the field of environmental infringement reflects the implementation of the green principles of the Civil Code and conforms to Xi Jinping’s ecological civilization and rule of law.However,the provisions of this law are too principled,and there are major disputes in the definition of the concept and the application of the law.In terms of concept definition,it is necessary to make it clear that the concept of "environmental tort" covers environmental pollution tort and ecological damage tort.In terms of the constituent elements,the subject "infringer" and "infringed subject",the subjective element "intentional",and the objective element "serious consequences" have different interpretations from the perspective of legal interpretation.The calculation standard and purpose of punitive damages are also not specified.In 2022,The judicial interpretation responds to some of the above questions:First,the scope of application of punitive damages for environmental torts has been clarified,and the agencies and organizations stipulated by the state as representatives of the infringed can apply for punitive damages.Second,in terms of the constituent elements,the determining "intentional" are clarified and nine specific situations are listed."Serious consequences" should be judged from factors such as the scope and degree of environmental pollution and ecological damage,including the death of others,serious damage to health and major property losses;Third,prescribes the order in which property is insufficient for all types of environmental responsibilities.Fourth,the calculation base and calculation method of punitive damages are clarified.However,there are still some problems to be further improved.Above all,the meaning of "infringed" should be clarified to determine the scope of application.Next,environmental infringements caused by "direct intentional" and "indirect intentional" should be distinguished in the amount of punitive damages.Then,"serious consequences" can refer to the determination of "intentional" to list specific circumstances or formulate standards to facilitate judges in adjudicating cases.Finally,in connection with other environmental responsibilities,the order of litigation should be reasonably arranged,the efficiency of litigation should be improved,and various rights and interests should be better protected. |
