On the "Dolus" in the Punitive Damages for Ecological and Environmental Torts
As an important part of Xi Jinping's idea of ecological civilization,punitive damages for ecological and environmental infringement is an effective system to promote the harmonious coexis-tence of human beings and nature.Dolus is a subjective state of mind,and clarifying its normative semantics is the key to the accurate application of punitive damages for ecological and environmental infringement.Based on the principle of unity of the legal order,the "dolus" of Article 1232 of the Civil Code includes dolus directus and dolus indirectus,and should not and cannot include gross neg-ligence.The cognitive factor is the core criterion for defining intent.The object of awareness of in-tent is either the actor's knowledge that his or her conduct violates the law or the actor's knowledge that his or her conduct will result in damaging consequences,but it is not necessary to have both. The types of knowledge of dolus include actual knowledge as well as constructive knowledge through the rules of fraud and indifference,but not ought to know.Based on the contingent nature of the presumption of knowledge,the judicial interpretation in the list of typical cases of presump-tion of knowledge, should also add the corresponding "exceptions".
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