Article 1232 of the Civil Code and the "Explanation of the Supreme People's Court on the Application of Punishment Compensation for Ecological Environment Infringement Disputes Cases" will be introduced to the field of ecological environment infringement，Realized the transcendence of the concept of traditional remedy afterwards，It has great practical value and theoretical significance。System of punitive compensation system applicable in ecological environment civil public interest litigation，Reflected reinforcement、Diversity functional value of punishment and prevention，However, there are disputes due to the relevant legal basis、The referee rules are not clear enough，There is a applicable dilemma in practice。So，Need to strengthen the standard construction of the system，Uniform referee ruler，Implementation case judgment。

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First, reinforcement compensation compensation。Traditional civil liability follows the principle of "filling responsibilities"，But the principle of fault liability contains the meaning of punishment。So，In the punitive compensation system，General damage compensation and punitive compensation are general relationships with special relationships，Application at the same time is not contradictory。Specific to environmental public welfare infringement，The scope of damage compensation is difficult to determine directly，The evaluation process involves the cost benefits of recovery projects、Market value、Multiple factors such as the damage value and environmental sensitivity coefficient of the ecological environment，Applicable punitive compensation Bet365 app download can make up for the scope of general sexual damage compensation、Disadvantages brought by the limit，Comprehensive relief、Comprehensive relief。

Second is to punish malicious infringers。Ecological environment infringement，The legal responsibility form undertaken by malicious infringers is mainly by administrative law、Criminal Law and other public laws regulate。But，Public Law Regulations often perform weakly。punitive compensation can achieve punishment for malicious infringers，Increase its illegal cost，Cooperate with the regulations of public law to achieve its standard purpose。But in judicial applications，Punishment compensation should still follow the "Penalty Principles"。

Third is to prevent illegal acts。Ecological environment damage often has irreversible，Therefore, the construction of the relevant system should be based on "prevention" as the main value target。Powering compensation is significant in general prevention，Forced by the actor to bear the liability for property compensation that exceeds the damage，A scary effect on those who have not infringed，Read it on the consequences of infringement，Dare to implement similar illegal acts。

　　Applicable difficulties

The first is that the composition is different。punitive compensation as a special responsibility method，It is mainly for infringement with illegal and moral condemnation。Article 1232 of the Civil Code clearly stipulates the violation of behavior、Subjective intentional and damage consequences: three aspects:。But in practice，The understanding of these three elements is different，As a result of some effective referees in some effective referees, insufficient inspection and even determining that there are wrong situations，Especially the identification of "indirect intentional" and the understanding of "serious consequences"，The qualitative of the punitive compensation is directly affected。

The second is the amount bet365 best casino games of compensation amount and multiple chaos。In my country's current legal provisions on punitive compensation，The base of punitive compensation is basically based on the "actual damage" of the infringer。The multiples of punitive compensation are mainly three modes: the first is fixed multiple，If "ten times the price or three times the loss"; the second is elastic multiple，such as "more than double or less"; the third is that there is no multiples limit。But all three modes have limitations，Fixed multiple cannot adapt to the complexity of the case，Freedom multiple gives judges too much free tailoring，Division multiples can limit the free tailoring of the case，But there may be a high -base and height of the sky -high price punitive compensation，The final result is difficult to execute。

Third is punitive compensation and administrative fines、How to connect criminal fines。In appearance，Administrative fines、fines、Punishment compensation is obliged to the infringer with money，Three are punishment、The threat function has "homogeneity"。If the three are applied parallel，Is there a conflict between the three? Will it impose a overweight burden on the infringer，Violation of "punishment should be over、The concept of the rule of law is equivalent "? These issues need to be considered。

Fourth, the compensation management and usage are not clear。From the perspective of judicial practice，The management of punitive compensation mainly has four models: First, the procuratorate、Court custody，The second is the hosting of the Finance Bureau，Third is to set up a special public welfare fund，Fourth is to pay the state treasury。There are different practices in various places。"Administrative Measures for Ecological Environmental Damage Compensation Fund (Trial)" (hereinafter referred to as the "Measures") clearly stipulate，Ecological environmental damage compensation bet365 best casino games funds as government non -tax income，Implementation of central treasury collection，The designated department of the right to pay compensation in full、This national treasury at the institution，Incident in general public budget management。Current，Ecological and environmental civil public interest litigation punitive compensation can refer to the national treasury with reference to the "Measures"，Whether it can be allocated and used after payment，It needs to be clear。

Five is whether the labor service compensation can be discounted for compensation。Labor compensation is when the ecological environment restoration is impossible or it is not necessary to repair it，Order the infringer to provide a certain amount of alternative responsibility for the ecological environment of public welfare labor。Powerful compensation due to labor compensation is involved to a certain extent.，Its discount standards are different from restoration liability。For this，What should be considered in judicial practice is，Let the infringer bear the excess compensation beyond compensation compensation.，How to achieve the expected effect。

　　Rules perfection

The first is the constituent element。On the one hand，It should be clear what is "indirect intention"。Combined with criminal identification standards，Indirectly intentionally using "Hope+Location" as the structure，Differential negligence behavior of "deserved obligations"。，It should be combined with the office of the infringer、Career experience、Professional background、Training experience、Once punished and type of pollutants、Pollution method、Factors such as the flow of funds for comprehensive consideration。On the other hand，It should be clear what is "serious consequences"。This serious consequences，It must be actually actually happened、bet365 live casino games Damage of reality，Not just a risk。Specific quantification can be combined with identification evaluation opinions、Market research and existing laws and regulations to determine。

The second is the amount of compensation。On the one hand，The cost of the functional loss of the function of the ecological environment as the base。Different losses different from ecological environmental violations，Ecological environment service function loss costs are more closely related to the ecological environment of the public enjoyed by the public，Therefore, use this as the base，More in line with the original meaning of punitive compensation。On the other hand，The multiple of the compensation should not be set to set the lower limit，but can set the upper limit。Considering the difference in ecological environmental losses in different cases，It is likely that the "base" is large but other plots are lighter，Therefore, it is not appropriate to limit the lower limit，But 2-3 times the compensation upper limit can be set，Compensation should follow the "proportion principle"，Coordinated consideration of the infringer compensation attitude、Economic Ability、The consequences of damage and punishment。

Third is compensation and administrative fines、Criminal penalty relationship。According to the principle of "Penalty Penalties"，When the infringer has accepted administrative punishment、Criminal sanctions，It should be considered whether the applicable punitive compensation will lead to "total responsibility for overlap"。Although，Currently lacks compensation to directly discount administrative fines、Special legal basis for criminal fines，But you can refer to the relevant rules of "Light Penalties in the Administrative Penalty Law" in the "Administrative Penalty Law"，Both reflect the humility of punishment，can also avoid excessive punishment。

Fourth is the aspect of compensation management and use。The distribution bet365 best casino games of compensation mainly includes: the plaintiff who filed a private lawsuit、Government Finance and Environmental Public interest litigation fund。The plaintiff shall get the corresponding relief share of personal rights and property rights damage，This is undoubted。But the distribution rules between government finance and environmental public interest litigation funds，It needs to be clear。This article thinks，You can set up a special public welfare fund account to manage punitive compensation，Do a good job of supervision at the same time，Following the "Payment Part Payment -Apply for the Calculator to Apply for Limited -Application of Overdue Unusual Parts to the Public Welfare Fund Account。

Five is the application aspect of labor compensation。Under the premise of ensuring the entire realization of private benefits，Considering the illegal plot of the infringer、Repentance performance、Economic ability, etc.，Labor compensation can be used as the execution method of punitive compensation。But it is only applicable to requesting to repair the ecological environment case，Senate compensation that is only applicable to the amount beyond the actual damage amount。Another，In order to ensure the compensation of labor services, it is implemented，Daily supervision shall be carried out by the association unit，and regularly feedback work progress to the court。After the performance of labor compensation is completed，The court shall make the corresponding performance notice，and to the plaintiff、Labor compensation persons and assurance units will be delivered。

　　(This article is the State Social Science Foundation Project "Rural Environmental Governance Community Construction and its Research Mechanism Research" (22BSH158) phased results)

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