Research On The Application Of Punitive Compensation System In Environmental Tort

Since the introduction of punitive damages in the field of environmental infringement,it has been widely applied in judicial practice.However,there are many disputes in the application,so how to apply the punitive damages system in the field of environmental infringement still needs further discussion and research.Through case analysis,this paper sorted out the characteristics and problems of the application of punitive damages system in judicial practice in the field of environmental infringement at present,and put forward suggestions to improve the problems.Apart from the introduction and conclusion,this paper is divided into five parts.The specific structure is as follows:The first part is the raising of the question.Based on the statistical analysis of the data,it mainly describes the basic cases of the three cases,the reasons of the court’s decision and the summary of the focus of the dispute.The second part is about the theoretical analysis of punitive compensation system for environmental infringement.This part mainly introduces the relevant concepts and functions of the system,the applicable scope,legal basis,applicable requirements and the calculation model of the amount of punitive damages.The aim is to seek theoretical support for the application of punitive damages system.The third part is the judicial application analysis of punitive damages system in the field of environmental infringement.This section mainly includes:Based on the analysis and research of 15 typical cases,the characteristics of the application of punitive damages system in the current environmental infringement are summarized,and the problems existing in the application of punitive damages system in the field of environmental infringement are sorted out through case demonstration.It includes the lack of legal basis for the application of punitive damages in prosecutorial public interest litigation,the different calculation standards for the amount of punitive damages,the unclear attribution of punitive damages,and the application conflict of punitive damages under liability competition and cooperation.The fourth part is aimed at the above problems,in combination with the analysis and discussion of the new judicial interpretation of the Civil Code,put forward targeted suggestions for improvement.It includes giving the relevant subjects the right of claim,clarifying the calculation method of the amount of punitive damages,allocating the punitive damages reasonably according to the situation,and combining punitive damages with administrative fines and criminal fines.The fifth part is the prospect based on the new judicial interpretation.The introduction of the new judicial interpretation for the judicial practice of punitive damages in the application of the conditions,the amount of calculation standards and many other problems have put forward corresponding solutions,but there are still many problems to be solved.This part of the practice may appear in the application of punitive damages for the conflict and convergence of the two lawsuits and how to deal with the relationship between the responsibility of environmental restoration and punitive damages and other issues of a preliminary discussion and analysis,in order to provide some reference for judicial practice.