Application and Improvement of Punitive Compensation System for Ecological Environment in Civil Public Interest Litigation
The punitive compensation systemfor ecological environment is an effective way to resolve ecological disputes and protect the ecological environment.However,there are still differences in whether this system can be applied to civil public interest litigation.Using interpretive methods,case empirical analysis,and legal and economic research methods,based on the legitimacy of the application of the ecological environment punitive damages system to civil public interest litigation,this paper pointed out:There were no distinguishable provisions on the scope of compensation in public and private interest litigation;the relationships between punitive damages,administrative penalties and criminal fines were unclear;calculation methods for punitive damages were unspecific;and ownership and management methods for punitive damages were indeterminate.This paper also proposed to establish a linkage mechanism to clarify the scope of compensation for public and private interest litigation;establish deduction rules for administrative penalties,criminal fines,and punitive damages;develop calculation rules for punitive damages;standardize the improvement path to ownership and management of punitive damages;further regulate the application of the punitive damages system for ecological environment in civil public interest litigation;coordinate ecological environment protection and economic & social development;and achieve social fairness and justice.
Punitive compensation system for ecological environmentenvironmental civil public interest litigationecological environment infringement
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