摘要
Abstract
The applicability of punitive damages system in environmental civil public interest litigation has long been controversial.However,from the perspectives of the function and nature of the system,its application is justified.The Civil Code of the People's Republic of China stipulates the application of the punitive damages system in environmental tort litigation,and the Supreme People's Court has further clarified that punitive damages can be applied in environmental civil public interest litigation.Nevertheless,specific challenges regarding its implementation remain unresolved.From the perspective of judicial practice,the application of the punitive damages system in environmental civil public interest litigation mainly faces issues such as unclear conditions for its application,ambiguous calculation standards for compensation amounts,and disorder in the management and use of compensation funds.Based on practical review and institutional supply and from the dual perspectives of system and purpose,we should explore methods for adjusting the rules regarding the application conditions,compensation standards,and procedural safeguards of the punitive damages system in environmental civil public interest litigation with the aim of achieving a balance among ecological environmental protection,social and economic development,and national economic stability.关键词
生态环境侵权/环境民事公益诉讼/惩罚性赔偿/检察监督Key words
ecological environmental tort/environmental civil public interest litigation/punitive damages/procuratorial supervision
