The development, shortcomings and future improvement of punitive damages for environmental torts in China—a reflection and comparative research

Abstract

In the early 1990s, China introduced into its civil legal system the punitive damages system derived from the Anglo-American legal tradition, marking a significant legislative breakthrough among civil law countries. Currently, China is one of the countries with the greatest pressure to reduce emissions in the world, and more effective legal tools are needed for environmental governance. Therefore, in China’s Civil Code, which came into effect in January 2021, punitive damages for environmental torts were established, enabling the imposition of additional compensation for severe environmental pollution and ecological damage incidents and thus enhancing the deterrent effect of environmental laws. The construction of punitive damages for environmental torts in China has significant positive implications, but the provisions of the system are not perfect, leading to some confusion in its judicial practice. The United States has a very systematic and mature experience in the construction of punitive damages for environmental torts, which is worthy of reference for China. From a comparative research perspective, China’s punitive damages for environmental torts should particularly focus on issues such as expanding its scope of application, clarifying rules for determining compensation amounts, addressing issues of concurrent liability and optimizing related legislation.