Article 1232 of the Civil Code stipulates in principle the system of punitive damages in the field of environmental tort,but the subject of the claim right of punitive compensation, the ownership and calculation standard of compensation are not involved. By using the methods of literature analysis, this paper analyzes the connotation of environmental tort and the uniqueness of environmental tort,according to the analysis of the first case of punitive damages in this field in China, it can be seen that punitive damages for environmental tort belong to a special civil liability and should not be “homogenized” with ecological environmental damage compensation. In terms of the subject of claim right, punitive compensation litigation should not be attached to civil public interest litigation; In terms of ownership, punitive damages should not be brought in civil public interest litigation, and the compensation should belong to the infringed and should not be included in the local financial budget; the calculation of the amount of compensation should be based on the basic amount plus the amount of punishment.
陈广华,崇 章.环境侵权惩罚性赔偿司法适用问题研究[J].河海大学学报(哲学社会科学版),2022,24(1):61-67.(CHEN Guanghua, et al. Research on the Judicial Application of Punitive Damages for Environmental Tort[J]. Journal of Hohai University (Philosophy and Socail Sciences),2022,24(1):61-67.(in Chinese))复制