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The Frontiers of Society, Science and Technology, 2023, 5(12); doi: 10.25236/FSST.2023.051204.

Study on Punitive Damages in Environmental Torts


Wang Chuxuan

Corresponding Author:
Wang Chuxuan

Zhejiang Agricultural and Forestry University, Hangzhou, China


Currently, there are issues pertaining to environmental infringement damages in China. Alongside this, all sectors of society are growing increasingly concerned about this matter. China has also taken measures to address the problem. In terms of legislation, the Tort Liability Law was passed in 2009, followed by the newly revised Environmental Protection Law in 2015, among other relevant laws. These laws have to some extent established mechanisms to address China's environmental infringement damages. However, due to the unique characteristics of environmental infringement, such as the complexity of the infringing behavior, the wide range of subjects experiencing varying levels of damage, and the presence of uncertainty, these laws have certain limitations in providing solutions. These limitations are mainly manifested in the following aspects: Firstly, the scope of environmental infringement damages tends to be more focused on some direct losses, while indirect damages are often overlooked, leading to inadequate compensation for victims. Secondly, the criteria for judging moral damages from environmental infringement are strict, resulting in some victims of emotional harm not being compensated. Lastly, our social relief system is not sufficiently developed, leaving many aggrieved parties unidentified and severely harmed. As environmental infringement victims often do not receive compensation, it is crucial to enhance China's mechanisms for addressing environmental infringement damages.


Environmental violations; compensation for damages; socialization

Cite This Paper

Wang Chuxuan. Study on Punitive Damages in Environmental Torts. The Frontiers of Society, Science and Technology (2023) Vol. 5, Issue 12: 20-26. https://doi.org/10.25236/FSST.2023.051204.


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