On Punitive Damages Transplant To Chinese Law

Punitive damages is an important legal liability system on the modern common-law system, which ensuring the sustainable and stable development of national economy with its special idea and method. And during the reform and opening-up, on one hand, Chinese economy develop rapidly under market economic system, on the other hand, some new social relationships were emerged in the economic domain, and some social conflicts were produced too. Traditional legal liability system is very difficult to effective deal with the social problems, and brings much inconvenience to sustainable and stable development of national economy. So a kind of new legal liability needs to transplant to the Chinese law. Punitive damages system in the common-law system transplants to China, and make it meet the legal system of our country, protects the sustainable development of our country is a needing to study. But punitive damages transplants to Chinese law, which is not a simple thing. We should solve the problem that punitive damages belong to which department of law, after it transplant to Chinese legal system. According to the purpose and the function of punitive damages are very similar with Chinese economic law, we think punitive damages can be transplanted to Chinese economic law, and form a kind of brand-new economic law compensation responsibility, then find a legal system to establish it. This need design a concrete system that can be operated normally, to offer a perfect protection for the socialistic economic construction of our country.