Malicious polluters to face possible punitive damages

People who intentionally or maliciously damage the environment may be ordered to pay punitive compensations in line with a judicial interpretation issued by China's top court.

The 14-article legal document on the use of punitive damages in handling ecological and environmental cases was made public by the Supreme People's Court on Thursday, as a new step toward fighting pollution, maintaining sustainable development and beautifying the country.

Yang Linping, vice-president of the court, said that the document also upholds Xi Jinping Thought on Ecological Civilization and implements the Civil Code clarifying punitive compensation for environmental damage.

Yang said that punitive damages, which are awarded on top of damages in certain circumstances, are considered a form of punishment and are typically issued at the court's discretion when the behavior of a defendant is deemed especially harmful.

"Simply put, our aim is to dissuade and punish those who maliciously pollute the environment and cause serious public damage, by ordering them to pay additional fines to deter them from doing so again," she said.

According to the document, which will take effect on Jan 20, the amount of punitive damages will be based on the amount of personal harm or loss of property caused by the act of pollution or damage to the environment. It additionally stated that punitive damages should not amount to more than twice the base fine.

As a heavier measure against pollution, punitive damages must be handed out prudently, Yang said, calling for courts nationwide not to abuse the punishment.