The Punitive Compensation System In Our Country, Contract Is The Expansion Of The Field

For the civil law, the punitive compensation system is both an ancient and new theory.That is the oldest, because as early as in ancient Rome, ancient Babylon as well as ancientChinese legal has seen similar to this system. With the deepening of civil lawjurisprudence in the case of the strict distinction between public, private, punitivedamages system which has the nature of the between civil and criminal liabilities, ratherthan civil law accepted by the law, and gradually fade out of people’s vision. But with therapid development of the economy, along with more and more vicious infringement, theoccurrence of an Event of Default, the drawbacks of the compensatory liability becomesincreasingly obvious. Punitive damages system because of its punitive and prohibitive tomake up for lack of a compensatory liability, it once again goes into the line of sight of thecivil law scholars and lawmakers as a new system.This article aims to departure from the basic theory of punitive damages system andthe judicial practice in common law to explore the necessity and feasibility of the punitivedamages system applicable in the field of contract in China and related systems toestablish envisaged.The paper is divided into three chapters,The first chapter raises the problem, from the punitive damages system applicable tothe necessity of expansion in the field of contract law in China, China’s punitive damagessystem legislation present situation, proposed what is the nature of punitive damages, andthe punitive damages, what are the characteristics that whether in contract law of Chinathe application possibilities of such a series of questions.The second chapter of the problem-solving, comprehensive exposition of the first partof the basic theory of punitive damages from the hair, the system concept and nature of theCorrectional Services of punitive damages, and discusses the characteristics of punitivedamages on this basis; the second part of punishment the possibility of sexualcompensation system applied in the field of contract law in China, mainly from theconflict and coordination of the traditional theory of punitive damages regime of contract law and the effective theory of non-compliance to elaborate.The third chapter is to explore the introduction of punitive compensation systemapplicable in common law countries on the basis of the specific application of the punitivedamages system in the field of contract law in China. Mainly discussed can be applied tothe type of punitive damages in breach of contract and the Contracting negligence, anddescribes the specific conditions of application of the punitive damages regime of contractlaw areas of the considerations of the amount of punitive damages and the amount ofqualified. And discusses the drawbacks of the system of punitive damages arise in practice,combined with our "Wang Hai counterfeiting phenomenon resulting from the applicationof" Double Indemnity "and draw on advanced legislation in the United States based on theattempt to design a suitable for China’s situation of punitive damages system.