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当今环境污染与生态破坏问题日益严重,我国对这些环境问题的现行补偿性损害赔偿金渐显不足,有必要将惩罚性损害赔偿制度纳入环境侵权之中。但是,我国法律上无明确规定,目前最主要的法律障碍在于,在什么条件下适用惩罚性损害赔偿,并且怎样科学合理确定其数额。根据美国法律及判例,惩罚性损害赔偿在环境侵权案件中具有一定的适用条件,并应明确惩罚性损害赔偿金的计算数额。我国可于此获得有益借鉴,适用惩罚性损害赔偿必须符合违法行为、损害事实、因果关系、主观过错等四个条件。当这些条件满足时,法律将综合考虑环境侵权行为人主观过错的程度、最高额的限定等因素,以确定惩罚性损害赔偿金的数额。
Nowadays, the problem of environmental pollution and ecological destruction is becoming more and more serious. In our country, the compensation for the current compensatory damages to these environmental problems gradually becomes insufficient, and it is necessary to include the punitive damages system in environmental infringement. However, there is no legal stipulation in our country. At present, the most important legal obstacle lies in the conditions under which punitive damages can be applied and how to determine the amounts scientifically and reasonably. According to U.S. law and jurisprudence, punitive damages have certain conditions of application in environmental infringement cases, and the calculated amount of punitive damages should be clarified. Our country can obtain beneficial reference here, and punitive damages should be applied in compliance with the four conditions of illegal activities, damage to facts, causality and subjective fault. When these conditions are met, the law will take into account factors such as the degree of subjective fault of the environmental tortist, the maximum limit and other factors to determine the amount of punitive damages.