关键词: 民法典, 环境侵权, 惩罚性赔偿, 司法适用

Abstract:  Punitive damages for environmental torts stipulated in the Civil Code of the People's Republic of China, as a means of environmental regulation in the private law, are considered to be conducive to compensating the victims of environmental pollution and punishing and deterring the infringers. However, the system of punitive damages for environmental torts has been questioned in that the boundaries between criminal laws and tort laws have been confused, and judgments are not made in accordance with the established criteria, sometimes even causing unnecessary societal damage, in addition to their limited deterrent effect. In order to apply the system of punitive damages for environmental torts regulated in the Civil Code more effectively to judicial practice, judges should ensure that punitive damages for environmental torts and other legal liabilities for environmental pollution constitute a reasonable legal liability system for environmental torts. The applicable objects of punitive damages for environmental torts should be clarified and restricted. Punitive damages for environmental torts should be implemented in accordance with certain standards. Reasonable judgments on the amount of punitive damages should be made based on individual cases. The punitive damages should be rationally distributed among different subjects. Defendants should be granted with reasonable protection in the cases of punitive damages for environmental torts.

Key words: Civil Code, environmental torts, punitive damages, judicial application