The System of Punitive Damages for Ecological and Environmental Damage

The ecological environment is related to the common interests of mankind, and its damage accidents increase year by year. Investigating the reasons include not only the uneven level of protection of laws and regulations, the lack of norms, but also the factors of single tort governance, limited penalties and limited effects. In addition, the current legal system for dealing with ecological and environmental damage accidents is not yet complete, and there are still doubts about the content of accident handling and liability attribution. The combination of the above factors has caused the interests of many parties to be damaged, and has fallen into a lot of dilemmas and paradoxes. Therefore, there is an urgent need to establish a punitive compensation system for ecological and environmental damage, determine the “general provisions” for punitive compensation, integrate and increase relevant norms, and make up for system gaps. In the legislative framework of the Civil Code, the liability chapter breaks down the constituent elements and rules of punitive damages; strengthens hierarchical legislation to ensure the implementation of the system from multiple angles of application of laws and legislation, administrative regulations, local regulations and judicial interpretations; finally, in the future, civil code infringement compiles this Class of legal terms to carry out a unified definition of legal provisions, to provide a basis for the right to claim damages for ecological damage and defined punitive damages.