- 期刊
Study on the Legal Application of Punitive Damages for Eco-environmental Damage
摘要
Introducing punitive damages into the field of eco-environmental damage is an innovation of legal system, and how to reasonably apply it is also an important issue to improve the relief mechanism of eco-environmental damage. In order to meet the needs of eco-environmental governance from the perspective of the rule of law, we should actively explore and improve the application of punitive damages for eco-environmental damage. Although some experience has been accumulated in legislative and judicial practice, there are still some difficulties such as unclear basis for determining the amount of compensation, unreasonable application rules with other liability concurrence and controversial feasibility of labor compensation and responsibility fulfillment mode. Based on this, the calculation basis and method of the amount of compensation should be further determined, the applicable rules of competition and cooperation between the liability and other responsibilities should be improved, and the applicable rules of the labor compensation replacing the performance of punitive compensation should be clarified.