Research On The Legal Application Of Punitive Damages For Ecological Environment Damage

In recent years,with the rapid development of economy,environmental problems are becoming more and more serious,environmental tort problems occur frequently,the situation of ecological environment protection is not optimistic,and the relief of ecological environment is urgent.In the field of civil liability,the remedy of environmental tort in China has always been based on the principle of compensatory compensation.The application of this principle can make up for the loss of ecological environment damage to a certain extent,but its function is limited in prevention,punishment and deterrence.In view of the limitations of traditional environmental tort damages,the civil code introduces the punitive damages system into the field of environmental tort for the first time.Article 1232 of the Civil Code stipulates that "if the infringer violates the law and intentionally pollutes the environment or destroys.The article makes it clear that punitive damages should be applied in the field of environment,with intention as the subjective element,pollution and destruction of the ecological environment as the behavioral element,and serious consequences as the result element.The establishment of punitive damages system for environmental tort can make up for the deficiency of compensatory damages used in traditional civil remedies,deter and curb the occurrence of ecological environmental tort,so as to better protect the ecological environment.However,due to the fuzziness of the content of the punitive provisions of environmental tort in the civil code and the particularity of the liability for ecological environment damage,whether punitive damages should be applied to ecological environment damage has become the focus of controversy.This paper focuses on the core issues of the application of the civil code to the ecological environment damage compensation from the following aspects: the first part,starting from the current situation of the punitive compensation system,discusses the controversy of the introduction of punitive compensation into the field of environment before the promulgation of the civil code,and whether the punitive compensation system of environmental tort should be applied to the field of ecological environment damage after the promulgation of the civil code In the second part,from the three aspects of system basis,practical necessity,theoretical basis,function and role,it demonstrates the reason and basis that the punitive compensation for environmental tort should be applied to the ecological environment damage;finally,it discusses the from the aspects of constituent elements,judgment standard,determination of compensation amount,attribution and use of compensation Some suggestions are put forward for the specific application of the degree.