Welcome to Francis Academic Press

The Frontiers of Society, Science and Technology, 2022, 4(3); doi: 10.25236/FSST.2022.040304.

Application of Punitive Damages for Ecological Damage


Fan Zhipeng1, Li Zhu2, Wen Haoliu2

Corresponding Author:
​Fan Zhipeng

1School of Law, Yunnan Minzu University, Kunming, Yunnan, 650504, China

2School of Economics and Management, China University of Mining and Technology, Xuzhou, Jiangsu, 221116, China


In 2022, the Supreme People's Court issued a judicial interpretation on the application of punitive damages for ecological environmental infringement, clarifying that punitive damages as an additional liability, that is, the establishment of punitive damages for ecological environmental infringement must be based on compensatory damages.However, the judicial interpretation identifies the liability for punitive damages as civil liability, which to some extent follows the practice of British and American legal countries. However, China's environmental judicial practice ignores the dual orientation of the legal connotation of ecological damage, including "pure ecological damage" and "human-ecological compound damage".This paper believes that the introduction of punitive damages, help to clarify the applicable order relationship between private interest litigation and ecological restoration, in the order of environmental interest litigation imbalance, the law should clearly prohibit the ecological environment infringer repetitive punishment, will focus on the remedy of the ecological environment damage itself, expand the subject of environmental damages for punitive damages and the scope of application, will violate the principle of compensatory.


Ecological damage; Punitive damages for public welfare; Teleology; Explanatory theory; Compensatory principle

Cite This Paper

Fan Zhipeng, Li Zhu, Wen Haoliu. Application of Punitive Damages for Ecological Damage. The Frontiers of Society, Science and Technology (2022) Vol. 4, Issue 3: 17-23. https://doi.org/10.25236/FSST.2022.040304.


[1] Liang Yong.Zhu Ye.Study on the Legal Application of Punitive Compensation for Environmental Tort [J].Legal applicable, 2020, (23): 113.

[2] Wu Weixing; He Yulin.On the prudential Application of punitive damages in ecological environment damages litigation [J].Nanjing Social Sciences, 2021, (09): 91-100.

[3] Zhou Yongfei.The applicable limitation of punitive damages for environmental infringement under the interpretation theory [J].Journal of Nanjing University of Technology (Social Science edition), 2021, (06): 25-34.

[4] Dou Haiyang.Refactoring of environmental infringement types [J].Chinese Law, 2017, (04): 264-284.

[5] Lu Zhongmei.Legal analysis of "compensation for ecological environment damage" [J].Law Forum, 2017,32 (03): 5-13.

[6] Liming Wang.Tort Law of the People's Republic of China [M].Beijing: China Legal Publishing House, 2010:220.

[7] Wang Shijin.Wang Wei-zhong.On environmental claim and Compensation for Ecological Environment Damage [J].Jiangxi Social Science, 2016,36 (10): 174-180.

[8] Wang Shuyi.Liu Lin.On Punitive Compensation and Its Application in Environmental Tort Cases [J].Learning and Practice, 2017, (08): 64-72.

[9] Zheng Yongliu.Legal method ladder [M].Beijing: Peking University Press, 2008:173-177.

[10] Xie Qiuling.Evidence and Application of punitive damages liability for ecological and environmental infringement: —— and Evaluation of Article 1,232 of the Civil Code [J].Guangxi Social Sciences, 2021, (01): 106.

[11] Feng Yujun.Law-economics paradigm [M].Beijing: Tsinghua University Press, 2009:235.

[12] Liu Jiaqi.——Punitive damages should not be applied to ecological environment damage: An analysis from the perspective of institutional functions.[J]. Shengjing Law Review, 2020, (9), 32-48.

[13] Feng Yujun.Law-economics paradigm [M].Beijing: Tsinghua University Press, 2009:256.