关键词: 民法典, 环境侵权, 惩罚性赔偿, 私益诉讼, 生态环境

Abstract: In juridical practice，the environmental tort punitive damages stipulated by Article 1232 of the Civil Code is faced with the problems of vague applicable litigation type and unclear applicable litigation condition. To solve those problems，it is necessary to return to the punitive damages system to explore the logic basis of its formation. Through the study of the theoretical basis of environmental infringement punitive damages，as well as the doctrinal analysis of the Civil Code’s relevant environmental tort liability clauses，in combination with the juridical practice of ecological environment damages in China，it can be certain that Article 1232 is only applicable to environmental private interest litigation. To make its logic self-consistent， Article 1232 must be amended as follows： the specific applicable conditions of environmental tort punitive damages should include restricting and reducing the subject of the right of claim for environmental tort punitive damages to a particular civil subject，excluding state organs and relevant social organizations；in terms of result，it should be restricted only to severe personal damage，excluding property damage and ecological environment damage；in terms of subjectivity，gross negligence should be added in addition to deliberation，in order to relieve the victim to a greater extent；in terms of behavior，passive negative act infringement should be included，based on the illegality and subjective culpability of the mind of passive negative act infringement.

Key words: Civil Code, environmental infringement, punitive damages, private interest litigation, ecological environment