On The " Punitive Compensation System "

Why does the present paper writing mentality strictly follow the punitive compensation is right, the punitive compensation is suitable as well as how is suitable this logic under any condition, mainly utilizes research technique and so on comparison analytic method, economic analytic method, logical analytic method, among, the economic analysis method is the present paper most important research technique. The paper first studies the punitive compensation system the meaning, the development, in this foundation, further elaborates the punitive compensation right and the necessary question, how is the punitive compensation applicable scope as well as suitable, finally, puts forward the legislation judicature proposal.In inside the punitive compensation right content, the main solution question is civil liability and the penalty between the equal main body contradictory conflict, the solution mentality is two contradictions actually is infringes upon the right in the law fairly with the efficiency these two values between contradiction and the conflict, the right infringement responsibility mainly must realize fairly, but at certain times needs to sacrifice fairly by realizes the efficiency. And from the punitive compensation and the justice, the punitive compensation and the abuse of authority method function, the punitive compensation and the responsibility and the debt angle and so on relative separation analyzes its right, at the same time, the paper also has analyzed the punitive compensation rationality from the law economic angle. In this part, from the form justice and the substantive just relations, the responsibility and the debt relative separation angle proves the punitive compensation the rationality as well as the law economic analysis method is this article innovation place.In punitive compensation suitable condition this part, the main solution is the punitive compensation in any situation the suitable question. In this part, has abandoned the traditional monism, advocated should depend on the right infringement object the different type but to determine the different suitable condition: Is suitable under the mistake responsibility principle for the serious mistake right infringement situation; In the law explicitly stipulated does not have under the mistake responsibility principle situation, may be suitable for the serious infringement personal rights situation. The paper has also analyzed the punitive compensation constitution important document, as well as these constitution important documents and punitive compensation inner link. Finally, the paper also analyzed the punitive compensation proof responsibility to undertake the question. In this part, the punitive compensation is suitable the condition the dualism, the constitution important document and the punitive compensation inner link is the paper innovation.How in compensates this part, mainly solves the punitive compensation amount definite problem. The paper first profits from in the criminal law study about the penalty theory, proposed the punitive compensation take suppresses the abuse of authority the occurrence as to be essential. Next, has affected the punitive compensation using the traditional legal science theory and the law economic theoretical analysis the various kind of factors, divides into it the legal factor with to deliberate the factor, solves the punitive compensation by this not determinism, and proposed the determination indemnity mathematical model. According to infringes upon the right the object to be different, the paper proposed the infringement property rights situation punitive indemnity for harm three times, the infringement personal rights situation punitive indemnity the method which determined about the spiritual harm indemnity amount calculates according to the present law. In this part, to in the criminal law study crime punishment relations theory model, how the modus operandi economic theoretical analysis determined the punitive compensation amount, proposed calculates the punitive indemnity the mathematical model and so on is the paper innovation place.