《民法典·侵权责任编》第七章首次规定了环境损害惩罚性赔偿制度，但环境民事公益诉讼能否适用该制度存在争议。以维护公共利益为主旨的环境民事公益诉讼是兼具惩罚功能的公法责任，赔偿范围限于环境公益，原告是受害人以外的第三人，救济方式以预防修复为主而非赔偿。环境损害惩罚性赔偿是以惩罚、遏制为主要功能的私法责任，赔偿范围限于环境私益，原告是环境私益受害者。环境民事公益诉讼和环境损害惩罚性赔偿两种制度的功能存在重叠、赔偿范围不同、诉讼原告有别、救济方式差异决定了环境民事公益诉讼不宜适用环境损害惩罚性赔偿。

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.