On The Responsibility Of Punitive Damages

Punitive damages appeared more than two centuries in Anglo-American law system. Although it is conflicted with the law tradition of continental law system and it is excluded, in a way, Punitive damages has been used in some countries, which belong to the continental law system, because we certainly need it in real life. For the same reason, Punitive damages should be established in our country .It is believed that Punitive damages will be helpful to the theory and practice.In the science of economic law, legal responsibility of economic law is one of the emphases and difficulties. It is uncertain which is the specific style of legal responsibility of economic law in theory field. In order to make it bring into play, we should make good effort to develop the specific style of legal responsibility of economic law.Object of legal regulation in economic law mixes public and private interests, so it must be different from another legal responsibility. It will not only compensate victims but also protect public order, when somebody undertakes punitive damages. In a word, special object of legal regulation in economic law needs punitive damages.Economic law cares for social interest which final aim is to protect social interest. In order to make the aim come true, we have try to maximize material justice and the benefit. However, the value of Punitive damages is suitable for that of economic law. In a word, at the aspect of the inner value, punitive damage belongs to legal responsibility of economic law.Legal responsibility of economic law has some differences with civil responsibility, administrative responsibility or criminal responsibility. For example, main bodies are unequal during legal responsibility of economic law. Legal responsibility of economic law is punitive and so on. Besides, punitive damage has the same characteristic.In our legislation, there are two places where Punitive damages appears, which means that we have try to use punitive damage. But the use of 49th of china consumer protection law and judicial interpretation on commercial housing issued by our...