Condition Of Establishment Of Punitive Damages Liability

The theory of punitive damages, originated from Common Law, has been one of dispute questions since its beginning. Although Civil Law did not absorb it directly, the thought of punitive damages had play a significant role to the compensate theory of Civil Law, and it also has made certain influence to the damage compensate legislation in Civil Law countries related. Nowadays, some Civil Law countries and areas have begun to adopt he punitive damages system in the legislation. Scholars in our country also started to pay more attention to this question in recent years. In 1993, the Article 49 of Protection of Consumers' Rights and Interests of our country was considered to be the first attempt of punitive damages in our country. Undoubtedly this system promoted the level of consumer protects in our country. However, we can't deny that by no means Protection of Consumers' Rights and Interests still had many insufficiencies about the punitive damages, and did not display its effect fully in real life. In view of regulations about the punitive damages in our country, This article is divided into four parts. First part: begins from the punitive damages concept, tracing its historical path and discussing its intrinsic value and essential attribute. Second part: I utilize comparison-method, research the differences of this system between Protection of Consumers' Rights and Interests and US Consumer Protection regulations, our Punitive damages is depend on liability of breaking a contract not liability of tort. Third part: Analyze Condition of establishment of punitive damages liability, this author think that if businessmen deceive Consumers deliberately only , Consumers have right to ask for Punitive damages. Fourth part: put forward the proposals on how to perfect punitive damages system in Protection of Consumers' Rights and Interests.