华侨大学学报（哲学社会科学版）Issue(4)：108-121,14.
生态环境损害惩罚性赔偿金额的司法确定
Judicial Determination of Punitive Damages Amounts for Ecological and Environmental Harm
摘要
Abstract
The determination of punitive damage amounts for ecological and environmental harm has caused a series of problems in its operation,namely,the legal basis for calculation,calculation method and consideration factors of the com-pensation amount are not clear in practice.To calculate punitive damages more accurately,a cost-benefit analysis should be conducted from the perspective of legal economics.Firstly,after comparing the indifference compensation method and the Handel's law compensation method,it is concluded that the indifference compensation method is more available for cal-culating the effect coefficients of punishment and restraint in the presence of performance errors.Secondly,the costs,bene-fits,and selection paths of different parties in public and private interest litigation were simulated,and the costs and bene-fits of punitive damages under the intervention of insurance mechanisms were analyzed.Finally,the cost-benefit model of different parties is incorporated into punitive damages to analyze the logic and strategy of rational behaviors of different par-ties accordingly.Therefore,it is crucial to correct the improper judicial behaviors of over-punishment by setting the bound-ary of punishment,clarify the consideration factors of the punitive damages and distinguish the modes of public and private litigation,and regulate the use and supervision of compensation money.关键词
生态环境损害惩罚性赔偿/成本—收益分析法/无差异赔偿方法/汉德法则赔偿方法/边际效应Key words
punitive damages for ecological and environmental harm/cost-benefit analysis/indifference compensation method/Handel's law compensation method/marginal effect分类
社会科学引用本文复制引用
曾雨婷..生态环境损害惩罚性赔偿金额的司法确定[J].华侨大学学报（哲学社会科学版）,2025,(4):108-121,14.基金项目
中央高校基本科研业务费项目"生态文明交叉学科科研创新团队建设"(2722023AL003) （2722023AL003）
教育部人文社会科学重点研究基地重大项目"新时代生态文明机制创新与重点流域、区域、海域生态环境治理研究"(22JJD820013) （22JJD820013）
