- 期刊
Research on the Application of Punitive Damages System in Environmental Civil Public Interest Litigation
摘要
The current environmental situation in China is serious. Ecological damage and environmental pollution occur from time to time. In order to protect the environment, China has continuously improved its environmental legislation. And in the field of environmental public interest litigation has introduced the punitive damages system. This has given China's research on the punitive damages system room for long‐term development. However, in judicial practice, due to the complexity and latent nature of environmental damage, punitive damages in environmental civil public interest litigation generally suffer from vague criteria for determining the punitive nature of environmental damage, non‐uniform evaluation rules of appraisal and assessment agencies, and irregularities in the management and use of funds. The recurrence of the problem of damage to the ecological environment has prevented the damaged environment from being treated and repaired in a timely manner, and has become one of the major contradictions limiting the sustainable socio‐economic development of China. By drawing on overseas experience in the area of punitive damages for environmental damage, and within the framework of the existing environmental civil public interest litigation in China, we propose a response to the problems that exist in judicial practice with regard to punitive damages for environmental damage. It should clarify the conditions and specific rules for the application of punitive damages for environmental damage, unify the norms for the management and use of punitive damages for environmental damage, and strengthen the supervision of the management and use of the damages. In this way, the purpose of effectively curbing malicious acts of environmental damage can be achieved.