A Study on the Applicability of Punitive Damages for Ecological Environmental Violations in the Distinction between Public and Private Interests
In the field of ecological environmental violations,there are three parallel systems,namely the private-interest-oriented general environmental tort system,and the public-interest-oriented ecological environmental damage compensation sys-tem and environmental civil public interest litigation system.Through exploration of the essence of environmental rights,the rationality of seeking a solution within the civil law system for public-interest-oriented ecological environmental violations is ap-parent.Punitive damages,as a multifunctional civil legal system,can assist the ecological environmental violation system in a-chieving its specific ecological function and social effects.Simultaneously,responding to theoretical controversies regarding its application in public-interest cases,punitive damages should serve as a common rule in both public and private interest ecologi-cal environmental violation cases.However,the differences in public and private interest ecological environmental violation ca-ses cannot be ignored.It is necessary to provide different interpretations of the criteria for the application of punitive damages under the distinction between public and private interests,thereby reasonably limiting the application of punitive damages for public-interest-oriented ecological environmental violations.Specifically,compared to private-interest cases,the criteria for ag-gravation of acts in public-interest cases for punitive damages should be narrowly interpreted.Subjective aggravating factors should not include"gross negligence."Regarding the aggravating factors in terms of outcomes,whether public or private inter-est,a reevaluation of the requirement for"serious consequences"is essential.
ecological environmental violationpunitive damagespublic interestprivate interestapplicability study