Regulations on environmental pollution and ecological destruction of punitive compensation for environmental pollution
Author:Look at the legal system Time:2022.09.26
Intentional pollution of the environment and damaging the ecology, the serious consequences of the ecology should be punished for punitive compensation. What is punitive compensation? Let me take a look at it today:
Article 1232 of the "Code of the People's Republic of China" stipulates: "If the infringer violates the law and provides the environment of intentional pollution and damage the ecology, the infringer has the right to request the corresponding punitive compensation." This article is right The provisions of environmental pollution and ecological destruction of punitive compensation, the original "Infringement Liability Law" did not have this provision. This is a new rule for environmental pollution and ecological destruction responsibilities stipulated in this Law.
The significance of my country's punitive compensation liability can be attributed to three aspects. One is the victims of comprehensively advocating ecological environment infringement, the other is the malicious infringer in the damage of ecological environment, and the third is to observe others to implement the ecological environment for the ecological environment. Infringement.
The requirements for deliberate pollution of the environment and destroying the liability for punishing the ecology are: first, the infringer implemented the behavior of polluting the environment and destroying the ecology. Second, the infringer deliberately violated the law to prohibit the pollution environment and ecological destruction, that is, knowing that the law prohibit the pollution of the environment and destructing the ecology and insists on it. Major negligence is not applicable to punitive compensation liability. Third, the consequences of the damage caused by the pollution environment and damaging ecological behavior deliberately implemented by the infringer were seriously damaged by the death or health of the victim, not general damage. In line with the requirements of the above requirements, the infringer has the right to request the infringer to bear the corresponding punitive compensation.
Author: Xu Mengzhu Review: Shang Lifu
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