Exploration on the Legal Application of Punitive Damage System for Tort of Ecological Environment Damage–Taking Article 1232 of the Civil Code as an Entry Point Abstract: Keywords:

Abstract

The rule of law for the ecological environment is in rapid development, and article 1232 of the Civil Code establishes the system of punitive damages applicable to the ecological environment, which is a significant de - velopment of China’ s environmental tort liability system. However, the basis for the construction of the system of punitive damages and the ambiguity of the legal provisions themselves bring uncertainty in the application of the law. From the legislative purpose, the background of the legal system for a deep understanding of the function and characteristics of the punitive damages system, and then clarify the basis of the right to claim the qualification of the subject of the application. Through the existing legal provisions and empirical statistical data, the contradictions of the ecological environment infringement compensation system are solved, and the gap in the calculation standard of punitive damages is made up. Finally, from the liability system as a whole, to promote the ecological environment damage tort liability into the overall liability system to consider, in order to realize the punitive damages system responsibility for comprehensive, rationalization of the system to provide the basis.