The judicial confirmation and system improvement of mining infringement from the perspective of the Civil Code

The rules of environmental infringement had been further detailed as an important branch of the compilation of tort liability since the Civil Code took effect on January 1, 2021.The content that cannot be reflected easily in sentence under the traditional tort liability law system, such as punitive damages, ecological restoration and investigations’ cost, having already got new solutions.It is not difficult to find that there are such big difference on processing results if we review the previous ecological environmental damage cases because of exercising mining rights with the logic of the Civil Code, which shall be much more heavy legal responsibility to bear as to destroying ecological environment.In fact, it’s great for protection of ecological environment.However, due to the principled Civil Code’s regulations and specific implementation rules having not been enacted, there are some controversy when handling those cases.The solutions to the problem are proposed to judge multiple punishment, confirming the calculation base, calculating the cost of damage identification, investigation, prevention expenditures and determing the legal relationship, in order to identify tort liability accurately.