Author(s)

Yijie Zhang

Corresponding Author

Yijie Zhang

ABSTRACT

The Civil Code stipulates the punitive compensation system for environmental torts, but because there are ambiguities in the expression of the subject of the claim, constituent elements, legal effects, etc., it needs to be further explained. The subject of the claim of this system should be the victim of private interests and the plaintiff of public interest, the subjective element is "intentional + gross negligence", and the result element is causing serious personal and property damage and ecological environment damage. Under the guidance of the principle of "excessive punishment is equivalent", judges should exercise their discretion and use the base multiple method to determine the amount of compensation, hoping to maximize the system's punishment and warning functions to protect environmental interests.

KEYWORDS

"Civil Code", Punitive damages for environmental infringement, Subject of claim, Elements, Limits of compensation