Related Issues on Punitive Compensation System in the Field of Environmental Infringement
Article 1232 in the Civil Code of the People's Republic of China establishes a punitive compensation system for environmental infringement,which is a prominent manifestation of the"green principle"in the field of environmental infringement in the Civil Code.Punitive damages,as a kind of compensatory damage,is a kind of special damages for environmental infringers to achieve the purpose of punishment and containment.At the same time,Administrative Licensing Law in our country also has a clear provision for punitive damages,based on which two types of public interest and private interest punitive damages are established;however,the provision is still not perfect in the specific operation,and get highly debated in the theoretical and practical circles.Through analyzing the applicable rules of the punitive damages system for environmental infringement,we can understand the shortcomings in its application.The interpretation of the rules can make the punitive compensation system advance with the times in the practical application in the field of environmental infringement,and enhance its operability in the field of environmental infringement.
environmental infringementpunitive damagesArticle 1232 in the Civil Code
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