State Compensation To Punish The Standards Applicable

Since the national compensation system put into practice, a remarkable lawful and social result has obtained. But there are some problems exposed in the practice. First and for most, the low compensation standard is the most obvious problem that people concerned. The damages are so few that some people even consider it as"nation not to pay". See from judicial practice of the international community, national compensation standards are divided into three catalogues: symbolic damages, compensatory damages and punitive damages. Punitive damages or exemplary damages refer to the payment decided by the court ,which suppress the sum of usual lost. The exemplary damages are originated in the common law. In the amendments of the National Compensation Law, several law specials and scholars have put forward the issue that we should adopt the exemplary damages in the national compensation law. But others have different viewpoints.This article starts from the function and purpose of the National Compensation Law, analyzes the unanimity of the law values between the punitive damages and national compensation system. The national compensation system applies the exemplary damages first will directly rise up the standard of the damages, in order to console the victims in a better way. Second, it will reduce the illegal conduct and accelerate the process of the legality construction. And last it also will keep the unity of legality, economize the national judicial resources. The punitive damages have many advantages for which other system can not substitute. It is so benefit for other supporting measures that it will be a necessary way for our national compensation law's reformation.Some scholars query the punitive damages because of the objective of the punitive damages, the limitation of the country's development and hardness to identify the sum. The text put importance on the scope of exemplary damages applied in the National Compensation Law; analyzed the specific methods of the determination of exemplary damages in aspects of theories and practice. The article argued the necessity and possibility of reforming the National Compensation Law with punitive standard, answering the criticism of some scholars.At present, the reformation of the National Compensation Law has already been put on the agenda by the National People Congress. The reformation of the national compensation law will proceed in a scientific and rational way with a good circumstance of the country's political, economy, society and legality.