Breach Of Contract Applicable To Punitive Compensation For A Number Of Issues

Malicious breach to the healthy development of the market economy is very harmful. The existing law of our country is not perfect, so the traders can get higher lawlessness interests with the responsibility of breach of contract at low cost. This is a reason of malicious breach ongoing. If we could bring the punitive compensation system into the responsibility of breach of contract, playing its role of punishment and deterrent effect to contain malicious breach, it is effectively to protect normal market order. This text is divided into five parts, The first part of this text confirmed the punitive compensation's rationality and necessity, and then concluded the punitive compensation system can exist in the responsibility of breach of contract in traditional continental law system. This will lay the preliminary foundation to the smooth introduction of constitutive elements after. The second part introduced the nonperformance, malignance, damage results, causal relationships which are the constitutive elements of punitive compensation, and erected the first layer buildings for constructing punitive compensation system. In Sino-American legislative and judicial practice on the basis of relative ratio, the third part proposed how to determine the amount of punitive compensation with the general conditions and special circumstances, which can not only make sure the amount in accordance with the evidence, but also limit punitive compensation claims form parties and limit the harmful playing of judge's discretion. The fourth part according to the analysis in concurrent problem between punitive compensation and other responsibility, determined the relationship between the default fine, deposit, compensatory payment, and punitive damages. That is the punitive compensation not only can coexist with fine, deposit, compensatory payment, but also can add some measures in certain circumstances. The fifth part according to refute the views of the scholars who doesn't support punitive compensation, explained as long as the legislation that is strictly, to apply several exclude situation in punitive compensation, then it can maximize reduce excessive litigation's effects, prevent the abuse lawsuits power by excessive litigation.