Improving the Rules on Punitive Damages for Environmental Tort in China: Toward Ecological Sustainability

The punitive damages framework for environmental torts is vital for addressing the global ecological crisis and the challenges of environmental governance in China. This system compensates for shortcomings in traditional compensatory damages, intensifies penalties for egregious violators, and fosters ecological sustainability. Current research in China predominantly focuses on theoretical aspects, including the institutional nature, claimant eligibility, and constituent elements, yet there is a notable lack of comprehensive studies on the specific rules governing punitive damages. This study employs various methodologies, including literature analysis, comparative legal text review, case studies, and insights from comparative law, to systematically explore pathways for reforming these principles. The findings underscore that defining the private law nature of the issue clarifies its application scope and facilitates the coordination with criminal and administrative liabilities. A calculation method based on multiples of actual losses can standardize judicial discretion. Furthermore, distinguishing between the management of damages in private environmental interest litigation and civil public interest litigation can both incentivize rights protection and ensure funds are available for remediation efforts. The establishment of a scientifically driven offset mechanism effectively prevents overlapping penalties and improves enforcement coordination.