The Research Of Punitive Damage System In Consumption

Punitive damages system is a system that the court adjudges invader to pay more to the aggrieved party in order to punish the infringer and take precautions against the similar behavior. It is originally a modern system of the Anglo and American law that widely applied in infringement cases and contract duty cases. It is also a duty bearing way different from compensation indemnifying and compensation of damages, which a lot countries of common law have accepted and established. After our country leads it into "Protection Law on the Customer's benefits of the People's Republic of China " in 1993, the dispute about it is always ceaseless. Punitive damages breaks the fettering of "compensation indemnifying system" in traditional civil theory, and it is a special civil duty. Promulgates the punitive compensation's nature is essential to discuss its system value, except the instrumental value (punishment, deterrence, compensation). The focus is that the objective value of punitive damages is its inherent value, the former significance depends on "set an example" , through the studying of the latter, we can find it contains contents such as the intervention of male authority to civil law, the defending of human nature ,the upholding of benefit maintenance in the middle of agents as well as transaction encouragement. The condition to apply punitive damages system includes the following: the consumer's behavior must be individual consumption; there exists subjective evil intention of operator; the consumer suffers loss because of operator's evil intention; the reparation request must be brought forward by the consumer who is cheated. In the meantime, it has been made clear about the range of the consumer and cheat further. On the justice practice, only the judge know the legislation purpose of the system well, could the system apply well, the consumer's right who is on a weak state could under full protection. Besides compensating the sufferer and punishing the infringer, the legislation purpose lies in reducing the cost of the government's law enforcing and improving law's authority. As the ascertain of specific number of punitive damages, after analyzing several operating methods, the opinion approves that it is difficult to realize the system's function purpose by applying the same standard into concrete law cases. Our country may follow the method of Taiwan area, depending on the fact, calculating the reparation forehead on the basic of the times of damages.