ABSTRACT
After the promulgation of the Civil Code of the People's Republic of China, the punitive damages system started to apply to the field of environmental infringement. This will achieve effective legal sanctions for environmental violations. Later the Supreme People's Court issued a relevant judicial interpretation, which means the specific application rules of the punitive damages system have been further improved. However, in judicial practice, the order of the rights to claims punitive damages, the calculation method of the amount of punitive damages, and the management mode of punitive damages are still in a blank state. Based on this, the relation between environmental private interest litigation and environmental public interest litigation will be distinguished in this paper, in order to clarify the order of claims for punitive damages in the three types of litigation in environmental infringement cases. Furthermore, the calculation way of punitive damages in practice will be found out in this paper, so as to propose more reasonable and specific calculation methods. In addition, the distribution system of punitive damages in judicial practice both domestically and internationally will be analyzed in this paper, for the sake of propose a more appropriate management model for punitive damages in China.
