Research on the Issue of Punitive Damages
for Environmental Tort
WANG Shu-yi GONG Xiong-yan
（School of Law，Wuhan University，Wuhan 430072，China）
Abstract: Article 1232 of the Civil Code formally introduces punitive damages in the field of environmental tort. Like other punitive damages in the civil category, punitive damages for Environmental Torts are essentially private law enforcement, and should belong to the infringed. Punitive compensation for environmental tort is different from compensation for ecological environmental damage in Public Interest Litigation. Punitive compensation for infringement of private interest can not replace compensation for environmental repair responsibility or repair cost, the punitive damages in private interest litigation can be combined with the repair responsibility in public interest litigation. Up to now, China has not stipulated punitive damages in Public Interest Litigation, but in practice, some courts have decided punitive damages in public interest litigation cases. Legally speaking, there is no basis to award punitive damages in Environmental Public Interest Litigation, and it will cause repeated punishment. Punitive damages should not be included in environmental public interest litigation.