关键词: 环境民事公益诉讼, 惩罚性赔偿, 民法典·侵权责任编

Abstract: Chapter 7 of the Civil Code · Tort Liability stipulates the system of punitive damages for environmental damages for the first time, but whether environmental civil public interest litigation can apply to the system is controversial. Environmental civil public interest litigation with the purpose of safeguarding the public interest is a public legal responsibility with the function of punishment. The scope of compensation is limited to environmental public welfare. The plaintiff is a third person outside the victim, and the way of relief is mainly prevention and restoration rather than compensation. Punitive compensation for environmental damage is a private law liability featuring punishment and containment. The scope of compensation is limited to environmental private benefits, and the plaintiff is the victim of environmental private benefits. Environmental civil public interest litigation and punitive compensation for environmental damage have overlapping functions, different scopes of compensation, different litigation plaintiffs and different relief methods, which determines that punitive compensation for environmental damages should not be applied to environmental civil public interest litigation.

Key words: environmental civil public interest litigation, punitive compensation, Civil Code · Tort Liability