Analyses On The Applicable Scope Expansion Of Punitive Damages

All the ancient laws have prescribed Punitive Damages, but it is rigid to say that they are not the Punitive Damages we say in modern times. The modern system of Punitive Damages came into being in Anglo-American Law countries. The system of Punitive Damages is the unique system of Anglo-American legal system. This system, which has existed in approval and criticism in the Anglo-American law during 200 years since the birth, is one of the most controversial legal systems in Anglo-American law. In recent years, mainland legal system countries, which have also been deeply influenced by this system, have launched the discussion in the scientific theory, and some of them have started to introduce Punitive Damages into the legislation gradually. Its applicable scope is always the key point of disputes in the academic circles. Although the domestic and foreign legal circles have elaborated on this issue, but the discussion of whether expanding its applicable scope or not and how to expand its applicable scope is insufficient. The author considers that it is necessary to carry on the thorough discussion of this issue, and hopes to strengthen and perfect the damage compensation institution of our country by this. The author believed the reason why the applicable scope of Punitive Damages can be expanded is decided by its unique value and functions. The Punitive Damages has the following value and functions: (1) Value: justice, order and efficiency, security, freedom, equality, individual right protection. (2) Functions: compensation, deterrent and prompting. Recently, the applicable scope expansion of Punitive Damages has become a world tide. China should also conform to the tide, and expand its applicable scope. About the expansion standard issue of the Punitive Damages applicable scope, the author proposes the viewpoint that we may enforce Punitive Damages to it as long as an illegal activity conforms to the essential elements of Punitive Damages, implements Punitive Damages to it can manifest the value of Punitive Damages, display the functions of Punitive Damages. The author also applied this viewpoint to analyze particularly, and proposed that the applicable scope expansion of Punitive Damages should be applied to the following fields of our country: Product Liability Law, Environmental Law, Securities Law, copyright protection, vicious medical treatment accidents, the tort liability of harming others deliberately, Anti-Trust Law.