四川环境2024，Vol.43Issue(4)：94-99,6.DOI:10.14034/j.cnki.schj.2024.04.012
生态环境惩罚性赔偿制度在民事公益诉讼中的适用与完善
Application and Improvement of Punitive Compensation System for Ecological Environment in Civil Public Interest Litigation
摘要
Abstract
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.关键词
生态环境惩罚性赔偿制度/环境民事公益诉讼/生态环境侵权Key words
Punitive compensation system for ecological environment/environmental civil public interest litigation/ecological environment infringement分类
资源环境引用本文复制引用
周倩..生态环境惩罚性赔偿制度在民事公益诉讼中的适用与完善[J].四川环境,2024,43(4):94-99,6.基金项目
江苏省学习贯彻党的二十大精神专题研究项目"人与自然和谐共生视角下生态环境公益诉讼立法研究"(SJZT202312). （SJZT202312）
