Study On Legal Issues Of Employers’ Punitive Damages Compensation

As the report of the 18 th National Congress of the Communist Party of China says, the key to strengthen China’s social construction is to improve and protect people’s livehood. Pay attention to and protect the labors’ right, promote succour after the labor is injured, which will be beneficial to harmonious relationship of labors and has a profound influence of improving people’s well being and promote the improvement of socialist system. The labor contract was promulgated in 2008, which makes many breakthroughs. One of the important content is punitive damages. However, due to China’s research and application of punitive damage which is started later than other foreign countries, this system still has many deficiencies that need to be solved. Through analyzing the current principles of punitive damages, this paper puts forward some opinions and suggestions to perfect legislative defects on punitive damage system, which is hoping to provide inspiration and reference to the future legislation.Legal concept is one of the constituent elements of the law, which is a summary of the various legal facts and abstract common characteristics to form definitive conclusions. However, the origin of punitive damages in the judicial system and improve the practice which comes from the Anglo-American legal system, and there is no uniform definition in the law and legal studies in China. This paper is divided into four sections as follows: Section I, fundamental theory of employers’ punitive damage system. First, it describes the definition and features of employers’ punitive damage system; Second, it demonstrates the function of employers’ punitive damage system. Section II, the legislation and evaluation of foreign employers’ punitive damage system.It analyses and compares the legislation of Germany, American, French and Briton and has common features of foreign employers’ punitive damage systems, which is hoped to have an enlightenment to Chinese legislation. Section III, the analysis of Chinese employers’ punitive damage legislation and issues. First of all, it discusses the relative rules and specific application fields in China. Second, it analyses issues of employers’ punitive damage legislation. Section IV, throughout the former comparison in analysis, the paper brings out proposals how to improve and perfect Chinese employers’ punitive damage legislation. In accordance with defects of Chinese legislation and juridical practice and foreign results of legislation, the draft brings out several suggestions how to build up Chinese employers’ punitive damage legislation in the future.