The Research On The Punitive Damages System For Environmental Torts In The Civil Code

Article 1232 of the Civil Code establishes the basis for the right to claim punitive damages for ecological and environmental torts.On January 12,2022,the Supreme People’s Court issued the "Interpretation of the Supreme People’s Court on the Application of Punitive Damages in Ecological and Environmental Torts," which provides specific guidance on the scope of application,requirements for application,determination of compensation,and procedural safeguards for Article 1232 of the Civil Code.However,an analysis of existing regulations and judicial decisions shows that the punitive damages system for environmental torts still has the following shortcomings: defective elements for establishing liability,unreasonable distribution of the burden of proof,unclear allocation of punitive damages,and an inadequate management mechanism for punitive damages.In response to the current problems,corresponding optimization suggestions are made in the following areas,this paper proposes suggestions for improving China’s punitive damages system for environmental torts.Firstly,in terms of the subjective elements,gross negligence should fall within the scope of the subjective element.Secondly,in terms of proof rules,the allocation of proof responsibilities should be determined based on the type of litigation.Thirdly,regarding the attribution of punitive damages,in public interest litigation,punitive damages should be attributed to a dedicated punitive damages fund,while in private interest litigation,punitive damages should be attributed to the injured party who filed the lawsuit.Fourthly,a sound management system for punitive damages should be established to ensure that punitive damages are managed and used properly.