生态环境惩罚性赔偿制度在民事公益诉讼中的适用与完善

Application and Improvement of Punitive Compensation System for Ecological Environment in Civil Public Interest Litigation

生态环境惩罚性赔偿制度是是解决生态环境纠纷、保护生态环境的有效途径。但是,该制度能否适用于民事公益诉讼还存在分歧。运用法解释学、案例实证分析、法经济学研究方法,立足生态环境惩罚性赔偿制度适用于民事公益诉讼的正当性,指出在适用中存在公私益诉讼的赔偿范围无区分规定,惩罚性赔偿金与行政处罚、刑事罚金的关系不明,惩罚性赔偿金的计算方式不够具体,惩罚性赔偿金的归属与管理方式不确定的问题。并提出制定衔接机制,明确公私益诉讼的赔偿范围;确立行政罚款、刑事罚金与惩罚性赔偿金的抵扣规则;制定惩罚性赔偿金的计算规则;规范惩罚性赔偿金的归属与管理的完善路径,进一步规制生态环境惩罚性赔偿制度在民事公益诉讼中的适用,统筹生态环境保护和经济社会发展,实现社会公平正义。

The punitive compensation system for ecological environment is an effective way to resolve ecological disputes and protect the ecological environment.However,there are still differences in whether this system can be applied to civil public interest litigation.Using interpretive methods,case empirical analysis,and legal and economic research methods,based on the legitimacy of the application of the ecological environment punitive damages system to civil public interest litigation,this paper pointed out:There were no distinguishable provisions on the scope of compensation in public and private interest litigation;the relationships between punitive damages,administrative penalties and criminal fines were unclear;calculation methods for punitive damages were unspecific;and ownership and management methods for punitive damages were indeterminate.This paper also proposed to establish a linkage mechanism to clarify the scope of compensation for public and private interest litigation;establish deduction rules for administrative penalties,criminal fines,and punitive damages;develop calculation rules for punitive damages;standardize the improvement path to ownership and management of punitive damages;further regulate the application of the punitive damages system for ecological environment in civil public interest litigation;coordinate ecological environment protection and economic & social development;and achieve social fairness and justice.