Article 1232 of the Civil Code and the Interpretation of the Supreme People’s Court on the Application of Punitive bet365 bonus code louisiana in the Trial of Ecological and Environmental Infringement Disputes introduce punitive bet365 bonus code louisiana into the field of ecological and environmental torts，Achieved transcendence of the traditional ex-post relief concept，has great practical value and theoretical significance。Applicable punitive compensation system in ecological and environmental civil public interest litigation，Reflects reinforcement、Diverse functional values ​​such as punishment and prevention，However, due to disputes over relevant legal basis、The referee rules are not clear enough, etc.，There are application difficulties in practice。Therefore，Need to strengthen the normative construction of the system，Unified referee scale，Achieving similar judgments for similar cases。

　　Function positioning

The first is to strengthen compensatory compensation。Traditional civil liability follows the principle of “fill-in liability”，But the principle of fault liability includes the meaning of punishment。Therefore，In the punitive bet365 bonus code louisiana system，General bet365 bonus code louisiana and punitive bet365 bonus code louisiana are the relationship between general and special，It is not contradictory to apply both at the same time。Specifically to environmental public welfare infringement，The scope of bet365 bonus code louisiana is difficult to determine directly，The assessment process involves the cost-effectiveness of the restoration project、Market value、Multiple factors such as ecological environment damage value and environmental sensitivity coefficient，The application of punitive bet365 bonus code louisiana can compensate for the scope of general bet365 bonus code louisiana、Disadvantages caused by limited amount，Fully realized、Comprehensive Relief。

The second is to punish malicious infringers。Ecological and environmental infringement in progress，The form of legal liability borne by malicious infringers is mainly governed by administrative law、Regulated by criminal law and other public laws。However，Public law regulatory measures are often weak。Punitive bet365 bonus code louisiana can punish malicious infringers，Increase its illegal costs，Cooperate with public law regulatory means to achieve its normative purpose。But in judicial application，Punitive bet365 bonus code louisiana should still follow the "principle of proportionate punishment"。

The third is to prevent illegal activities。Ecological and environmental damage is often irreversible，Therefore, relevant system construction should take “prevention” as the main value objective。Punitive bet365 bonus code louisiana are highly effective in general prevention，By forcing the perpetrator to bear property liability in excess of the damage caused，Produces a deterrent effect on those who have not yet infringed the law，Make it fearful of the consequences of infringement，Don’t dare to commit similar illegal acts。

　　bet365 bonus code louisiana dilemma

First, the constituent elements are not applicable in the same way。Punitive bet365 bonus code louisiana as a special liability method，Mainly targeting illegal and morally reprehensible infringements。Article 1232 of the Civil Code clearly stipulates the illegality of conduct、Three elements: subjective intentionality and seriousness of damage consequences。But in practice，Different understandings of these three elements，As a result, in some effective judgments, the essential requirements were incompletely examined or even determined incorrectly，In particular, there are different understandings of the identification of "indirect intentionality" and "serious consequences"，Directly affects the characterization of punitive bet365 bonus code louisiana。

Second, the base and multiple of the compensation amount are confusing。In my country’s current legal provisions on punitive bet365 bonus code louisiana，The base amount of punitive bet365 bonus code louisiana is basically based on the "actual damage" of the infringed party。There are three main modes for multiples of punitive bet365 bonus code louisiana: the first is a fixed multiple，Such as "Ten times the price or three times the loss"；The second is elasticity multiple，Such as "more than one time and less than five times"；The third method is not to set a multiple limit。But all three modes have limitations，Fixed multiples cannot adapt to the complexity of the case，The freedom multiple gives judges too much discretion，Although interval multiples can limit the discretion of individual cases，But there may be sky-high punitive bet365 bonus code louisiana with a high base and high multiple，Ultimately making it difficult to enforce the judgment。

The third is punitive bet365 bonus code louisiana and administrative fines、How to connect criminal fines。In appearance，Administrative fine、Penalty、Punitive bet365 bonus code louisiana impose monetary obligations on the infringer，Three people are punishing、Threats are functionally "homogeneous"。If the three are applied in parallel，Is there any conflict between the three？Whether it will impose an excessive burden on the infringer，Violation of "violation shall be punished"、The rule of law concept of “the punishment is equal to the fault”？These issues still need to be considered。

Fourth, the management and use of compensation is not clear。From the perspective of judicial practice，There are four main modes for the management of punitive bet365 bonus code louisiana: one is the procuratorate、Court custody，The second is the custody of the Finance Bureau，The third is to establish a special public welfare fund，The fourth is to turn it over to the national treasury。Different practices in different places。The "Measures for the Management of Compensation Funds for Ecological Environmental Damage (Trial)" (hereinafter referred to as the "Measures") clearly stipulates，Ecological and environmental damage compensation funds are used as government non-tax revenue，Implement centralized collection of treasury，Submit full amount to the department designated by the right holder for compensation、The institution’s treasury at the same level，Incorporated into general public budget management。current，Can punitive bet365 bonus code louisiana for ecological and environmental civil public interest litigation be turned over to the state treasury with reference to the "Measures"，And whether it can continue to be distributed and used after it is handed over，Still to be clarified。

Fifth, whether labor compensation can be offset against compensation。Labor compensation is when ecological environment restoration is impossible or unnecessary，An alternative liability method that orders the infringer to provide a certain amount of ecological and environmental public welfare work。The compensation for labor services offsets the punitive bet365 bonus code louisiana, which to a certain extent involves the degree of personal freedom，The discount standard is different from the repair liability。To this，What should be considered in judicial practice，How to make the infringer bear excessive compensation other than compensatory bet365 bonus code louisiana，And how to achieve the desired results。

　　Perfect bet365 bonus code louisiana

First, the constituent elements。On the one hand，bet365 bonus code louisiana should be clear what “indirect intentionality” means。Combined with criminal identification standards，Indirectly and intentionally using "hope + laissez-faire" as the structure，Distinguished from the negligent behavior of "failure to fulfill obligations"。At the time of specific identification，Should be combined with the infringer’s employment status、Professional experience、Professional background、Training experience、Punishment status and types of pollutants、Pollution method、Comprehensive consideration of factors such as capital flow。On the other hand，bet365 bonus code louisiana should be clear what “serious consequences” are。Such serious consequences，Must have actually happened、Realistic damage，More than just a risk。Specific quantification can be combined with appraisal and evaluation opinions、Market research and existing laws and regulations to identify。

The second is the amount of compensation。On the one hand，The cost of loss of ecological environment service functions can be used as the base。Different from direct losses caused by ecological environment infringement，The cost of loss of ecological and environmental service functions is more closely related to the ecological and environmental rights and interests enjoyed by the public，So use this as the base，More consistent with the original intention of punitive bet365 bonus code louisiana。On the other hand，There should be no lower limit on the multiple of compensation，But the upper limit can be set。Considering the obvious differences in ecological environment damage costs in different cases，It is very likely that the "base" is larger but other circumstances are lighter，Therefore it is not appropriate to set the lower limit，But a compensation limit of 2-3 times can be set，The "principle of proportionality" should be followed when making compensation，Coordinate and consider the infringer’s attitude toward compensation、Financial ability、Consequences of damage and punishment, etc.。

The third is compensation and administrative fines、Relationship between criminal fines。According to the principle of "the punishment is commensurate"，When the infringer has accepted administrative punishment、In case of criminal sanctions，Consideration should be made as to whether the application of punitive bet365 bonus code louisiana results in “excessive aggregate liability”。Although，Currently there is no information on how compensation can be directly used to offset administrative fines、Special legal basis for criminal fines，However, please refer to the relevant rules of "Light fines will be offset against heavy penalties" in the "Administrative Penalty Law"，It reflects the modesty of punishment，It can also avoid excessive punishment。

The fourth aspect is the management and use of compensation。The main parties to distribute compensation include: plaintiffs who file private interest litigation、Government Finance and Environmental Public Interest Litigation Fund。The plaintiff should receive a corresponding share of the relief for damage to personal rights and property rights，There is no doubt about it。But the allocation rules between government finance and environmental public interest litigation funds，Still to be clarified。This article thinks，A special public welfare fund account can be set up to manage punitive bet365 bonus code louisiana，At the same time, do a good job in supervision，Should follow the distribution model of “the advanced portion is paid in advance—the infringed party applies within a time limit—the overdue portion that has not been claimed is included in the public welfare fund account”。

Fifth, applicable aspects of labor compensation。Under the premise of ensuring the complete realization of private benefit relief，Considering the infringer’s illegal circumstances、Exhibition of repentance、Financial ability, etc.，Labor compensation can be used as a method of executing punitive bet365 bonus code louisiana。But it only applies to cases requesting ecological environment restoration，Only applicable to punitive bet365 bonus code louisiana in excess of actual bet365 bonus code louisiana。Also，To ensure the implementation of labor compensation，Daily supervision should be carried out by the co-executive unit，And provide regular feedback on work progress to the court。After the completion of labor compensation，The court should prepare a corresponding notice of completion of performance，To the plaintiff、Service of labor compensation and co-executive unit。

　　(This article is a phased result bet365 bonus code louisiana National Social Science Fund project "Research on the Construction of Rural Environmental Governance Community and its Implementation Mechanism" (22BSH158))

(The author is a professor at the Law School of Zhejiang University of Finance and Economics、Dean bet365 bonus code louisiana Oriental College of Zhejiang University of Finance and Economics)