The punitive damages stipulated in Article 1232 of the Civil Code of China are an institutional inno-vation to protect the ecological environment with the strictest system and the strictest rule of law in the devel-opment of ecological civilization.As for the application of punitive damages liability for ecological environment infringement and its judicial interpretation,this paper has the following claims to make:Firstly,in terms of the scope of application,punitive damages should be applied to the field of ecological environment damage com-pensation.Secondly,in terms of the constitutive requirements of liabilities,the connotation and scope of"vio-lation of legal provisions"should be clearly defined,the difference and connection between"violation of legal provisions"and"violation of state regulations"should be specified,and the criteria for determining"serious consequences"should be clarified.Thirdly,the punitive damages for the ecological environmental damages should be calculated on the basis of the ecological environmental compensation.Finally,regarding the attribu-tion and implementation of punitive damages,in case that the personal and property damages are caused by en-vironmental pollution and ecological damage,the punitive damages should be given to the infringed party,and the punitive damages should take precedence over criminal fines and administrative fines.In case that the eco-logical environmental damages are caused by environmental pollution and ecological damages,the punitive dam-ages should be turned over to the state treasury after the fines are deducted.
维普
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