LI Yanfang, ZHANG Shu
Journal of Renmin University of China.
2022, 36(2):
128-143.
Article 1232 of the Civil Code should also be applicable to ecological and environmental destructionPunitive damages for ecological and environmental destruction include providing compensation for the loss of spiritual and cultural values contained in our ecology and environment,punishing violators,and deterring people from severely hurting our environmentPunitive damages for ecological and environmental destruction are justified by a violators intention,his or her illegal action,and the severe consequence caused by his or her actionConsidering the nature of environmental destruction,one should make sure that those who violate the laws be punished severely enough to deter others from causing similar damages to our environmentHowever,when applying punitive damages for ecological and environmental destruction,we should also avoid abusing the lawPunitive damages may not be necessary if administrative penalty or criminal punishment has already achieved the desired effect