Research On Punitive Damages Applied In The Field Of Anti-monopoly Law

Punitive damages have been widely applied in the ancient laws, however, ithas become a controversial issue because punitive damages go against theprinciples of Civil Law, which emphasizes compensatory damages in recent history.The system has emerged in the Consumer Protection Law of the People’s Republicof China in1993, though quite a few foreign judicial practices of punitive damagescan be used for reference. Punitive damages was not simply introduced fromabroad; instead, spontaneously developed in our country,Anti-monopoly law of the People’s Republic of China has been put into effectfor five years，yet Article50of the law on civil liability is hard to implementbecause the clause is too ambiguous. Therefore, it is necessary to establish punitivedamages system and other supporting systems in Chinese anti-monopoly law.Given the current circumstances, the application of punitive damages in the field ofanti-monopoly law will face the theoretical obstacles and the practical obstacles.The reality of anti-monopoly law should be taken into account in China before theestablishment of punitive damages, especially the arrangement of the applicationextent, the conditions, the subject and the amount of compensation in punitivedamages system. This article is to suggest set a special fund of punitive damages.which not only limits excessive compensation, but remedy insufficientcompensation as well.