The Research On Punitive Damages In Environmental Infringement

The punitive damages system for environmental torts established by Article1232 of the Civil Code has the legal value of relief,discipline and preventive education,but there have been some problems of application and doctrinal disputes in the initial judicial practice,and many controversies still need to be explored and clarified after the introduction of special judicial interpretations.This article explores the problems that arise in the judicial application of punitive damages for environmental torts,such as the determination of the scope of application,the determination of the criteria for the application of the elements,and the calculation,assumption and disposal of punitive damages,and proposes a targeted improvement in order to play the role of the system of punitive damages for environmental torts.Based on the theoretical analysis of environmental tort and punitive damages,combined with China’s initial legislative foundation,environmental civil private interest litigation,environmental civil public interest litigation and ecological environmental damage compensation litigation should be included in the scope of application of punitive damages for environmental tort,in order to meet China’s development needs and policy guidance.The scope of application should be clarified to take into account the public interest and private interest litigation,and a more detailed planning of the applicable elements is needed,the determination of the element of illegality should be clarified in different legal departments and the rules of the hierarchy of effectiveness,the subjective element should not be extended to the situation of "gross negligence" for the time being,the element of seriousness of the result should be distinguished between private interest damage and public interest damage The determination of the element of causation should adopt a high standard of proof of conclusiveness and be applied with caution in accordance with the law,so as to effectively sanction and prevent environmental torts while avoiding excessive discipline.The key issues of the determination of punitive damages for environmental infringement,liability and disposal also need to be clarified.Firstly,the calculation of punitive damages for environmental torts should be further clarified,with a maximum cap set and a differentiated range of multipliers based on the type of environmental pollution and the difficulty of repair,taking into account the tortfeasor’s economic situation,post-event remedial measures and the degree of social and cultural impact as reference factors.In terms of liability,punitive damages for environmental infringement may be enforced through the form of payment in lieu of labour if necessary,and the prerequisites for the application of payment in lieu of labour,the formulation of the payment scheme and the specific implementation and supervision procedures shall be clarified in the form of law,and the amount of punitive damages shall be taken into account and allowed to be offset when the liability for punitive damages is aggregated with criminal fines and administrative fines.With regard to the attribution and disposal of punitive damages,in private litigation,the remaining damages can be used for ecological protection and environmental restoration after the victim’s damage has been adequately remedied,while civil environmental public interest litigation and ecological and environmental damage compensation litigation should be decided by the adjudicator in a unified manner.China should adopt a discrete approach to the disposal and use of punitive damages,with the remaining punitive damages after full compensation for the victim’s loss being deposited into various local special environmental protection funds or used by local financial budgets to repair the environment and maintain the ecology after the environmental infringement.