Application dilemma and normative approach of punitive compensation in environmental civil public interest litigation
By analyzing the practical background and theoretical logic of the application of punitive damages in environmental civil public interest litigation,and conducting legal doctrinal interpretation around relevant norms,it can be concluded that the punitive damages system in environmental civil public interest litigation has a solid foundation for application.However,the vague provisions in legislation have led to a lack of specific legal guidance in practice,resulting in unclear expression of applicable conditions,difficulty in determining the amount of punitive damages,and confusion between punitive liability and other monetary compensation obligations.Therefore,based on the need to maintain the public interest of the environment and the principle of equivalent punishment,the normative approach of punitive damages in environmental civil public interest litigation should be constructed by clarifying the applicable conditions of punitive damages liability,setting reasonable standards for the amount of punitive damages and clarifying the relationship of punitive damages with administrative fines and criminal fines.
Environmental civil public interest litigationpunitive compensationapplicable conditionsamount determinationmonetary compensation obligation
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