Research on the Judicial Application of The Punitive Damages System for Environmental Infringement

Abstract

Under the initiative of "a community with a shared future for mankind", the discussion of ecological environment protection is growing nationwide, and the legal issues that follow have also received more attention. For this reason, China has introduced the system of "punitive compensation" into the field of environmental tort in Article 1232 of the Civil Code to achieve the effect of ecological environmental protection. This paper will study from the perspective of comparative law, through comparing the legislative research and judicial application of punitive damages for environmental tort in China and the United States, and then clarify the legal regulation path of punitive damages for ecological environmental tort, and further improve the legal framework of punitive damages system.