Study on the application of the system of punitive damages for ecological environmental infringement in Civil Code

Article 1232 of the Civil Code formally establishes the punitive damages system for environmental tort with a view to promoting the construction of ecological civilization and deterring ecological violations. In 2022, the Supreme People’s Court issued the Interpretation on the Application of Punitive Damages in the Trial of Ecological and Environmental Infringement Disputes to a certain extent, which solved the problems such as the subject of punitive damages claims and the amount of damages, but the system still has unclear attribution of punitive damages and unfair distribution of burden of proof in judicial practice. The litigation cost of punitive damages is too high, and the alternative payment measures of punitive damages are absent. In order to improve the judicial application of the punitive damages system for ecological and environmental torts, we should consider establishing a vertical compensation management system, reasonably allocate the burden of proof, establishing a unified system for reducing, postponing and exempting the costs of punitive damages lawsuits for environmental torts, and flexibly implementing alternative payment measures such as compensation for labor services.