生态环境损害惩罚性赔偿规则的检视与适用

生态环境损害的惩罚性赔偿规则首次在《民法典》侵权责任编中确立。针对这项制度创新，本文梳理了惩罚性赔偿规则在不同法律制度中适用范围和适用条件的差异性，并进一步分析惩罚性赔偿在生态环境损害救济体系中所具有的特殊规则和功能定位。在缺乏生态环境领域部门法配套的情况下，《民法典》中惩罚性赔偿规则的适用应基于生态环境的公益性而适当扩大请求权主体范围，基于严格法定性而明确举证责任负担和证明标准，基于生态环境要素的特殊性而完善多样化的赔偿内容和计算方法。

Examination and Application of Punitive Damages Rule for Ecological and Environmental Damage

The rules of punitive damages for ecological and environmental damage were first established in the tort liability section of the Civil Code in China. In response to the system innovation, this article sorts out the differences in the scope and conditions of application of punitive damages rules in different fields of legal system, and further analyzes the special rules and functional positioning of punitive damages in ecological environmental damage. In the absence of supporting laws in the field of ecological environment, the application of the punitive damages rules in the Civil Code should be based on the function of compensating for public welfare losses, and the scope of the subject of the claim should be appropriately expanded. The distribution of the burden of proof should be clearly defined based on the strict legality, and the diversified compensation content and calculation method should be improved based on the particularity of the ecological environment elements.