Reach On Punitive Compensation Of Damage

The punitive compensation of damaging refers that court sentences the defendant paying money surpassing actual amount, in order to prevent themselves or other people behaving in similar way. This system is widely adopted in the country of British and American legal system But it is mainly used in "Consumer Rights Protection method" in our country, which regulates the principle of twice compensation in article 49^th This text inquires the function, nature and the general question in applying of punitive compensation system, expounds the necessity and the feasibility of establishing punitive compensation system, and proposed the frame of tentative plan for the new system. It is divided six parts to carry on the ponder and analyses to above questions.The first part introduced the history of punitive compensation system and present legislation of our country. Through the inspection of literature, the author proposes hat, punitive compensation system of modern significance origins from England, and mainly applies in US. In our country, the formulation of "Consumer Rights Protection method" in 1993 admitted the punitive compensation system formally, which reflected our country have already started to accept the punitive compensation system.The second part mainly analyses the function of punitive compensation system. The compensation, sanction, prevention and encouraging are the four main functions of punitive compensation system. The compensation is foundation, the penalty is method, the prevention is purpose, encourage is result, the four aspects blend mutually and inseparable.The third part analyses the nature of punitive compensation system. Regarding the responsibility of punitive compensation's nature, there are two mainly different understanding that is, responsibility in public law or responsibility in civil law. The author thinks that the nature, purpose, mission of punitive compensation responsibility match the economic law, its nature should be the responsibility in economic law. Responsibilities of punitive compensations have important status in majority economic legislations.The fourth part mainly elaborates such general problems as the constitution, scope of applying, and affirmation of punitive compensation of this system. The constitution of punitive compensation includes the illegal act, the fault, the causal relation and the harmful result. In opposition to repairing compensation, it more emphasizes such two important factors as the mistake and the illegal action. The punitive compensation's scope applying reaches to the infringement realm and the contract realm, moreover it is mainly applied in infringement realm. The affirmation of punitive has to follow the principle of moderate penalty and the preventionThe fifth part analyses the necessity and the feasibility of applying the punitive compensation system in our country. In view of the fact that malice infringement behavior wildly digs, it is not dint of relief for victims, the cost of right protecting is high, new challenges that the consumer have to face after joining WTO, the author thinks the expansion of applying punitive compensation system is extremely essential. At the same time the condition and the opportunity of applying the punitive compensation in our country have been mature.The sixth part gives certain constructive comment of perfecting punitive compensation system combining the above analysis conclusion. The author thinks that, we should follow the principle of just, order, efficiency and fair as introducing the punitive compensation system. In the civil law, it should regulate the punitive compensation as formulating the code of civil law, makes the principled stipulation, and applying it to the disputation of malignant medical service. In economic law, it is necessary to revising the "Consumer Rights Protection law", introduce this system to the domain of anti-false competition, the product quality, the protection of environment, securities law, the relevant law about protection of intellectualproperty right...