Research On Punitive Compensation Damages

As the level of science and technology progress, gradually improvethe level of productivity, market economy high speed development, theconsuming behavior of consumers in consumption link will be more andmore frequent, the profits of the market economy competition, plus thediversity and complexity of consumers to purchase goods or acceptservices, determines the consumer in the process of consumption willinevitably suffered tort. Article47the tort liability act on the basis ofsummary of legislative experience, rules on the punitive compensationsystem, provides a strong guarantee to protect consumers’ rights andinterests, is of great significance. In this paper, based on the tort liabilitylaw article47, discusses problems of punitive damages.In the first part of this article, the author researches on the legal basisof punitive damages system. Start with broad and narrow concepts ofpunitive damages as a starting point, the concept of narrow differencebetween the concept of relative msem, both for compensatory damageswhether contained in punitive damages take a different position. Narrowconcept denied inclusion in punitive damages, compensatory damagesexclude it directly, and punitive damages in the tort liability act has madean accurate definition. The author agree with narrow sense concept. Inorder to more clear understanding of its definition, the author to distinguishapplicable of punitive damages and compensatory damages, adopt themethod of analysis made the differences between the concept expansion, tohelp clear the punitive compensation system in the tort liability law applies. Secondly, the author further analyzes the system by introducing themeaning of the tort liability act, it not only perfected the tort damagessystem in China, and is conducive to maintaining social justice, theprotection of the rights of the patentee, also realized to reasonabledistribution of social capital. At the same time, the paper summarizes thefour functions of punitive damages system, namely the compensationfunction, curb, punishment and encouragement functions. Also somescholars in academic community will punish and contain only as a functionof the system, but in my opinion, only the four functions of all present, willbe more conducive to demonstrate the superiority of the system. The authorat the end of the first part of the system of punitive damages in the tortliability act also made an analysis of applicable conditions.The second part, the author first expounds the legislative status quo ofpunitive damages system. Present legislation is mainly introduced thedevelopment of the system of punitive damages in the legislative processand the way of perfection.1993of the "consumer rights and interestsprotection law" article49regulation for consumers when buying goods oraccept services operators of fraud, the loss may request the doublecompensation. In2003the supreme people’s court issued on thecommercial housing sales contract dispute cases to explain some issues ofapplicable law, article8of the rules on the "malicious fraud", incommercial housing buy recipients cannot acquire building leads to the saleand purchase contract cannot achieve, can request to cancel the contractand contract the other party, return the payment and the interest paid orcompensation for losses, at the same time can request the seller to assumeno more than paid the purchase doubled the liability to pay compensation.Article9of the regulations of default shall bear the punitive damages,namely buy recipients can betray a person to conclude the sale andpurchase contract is null and void or revoked, remove, request returnprepaid payment double compensation liability. On June1,2009of the"food safety law" established the standard of ten times compensation,punitive enough to reveal, the producers do not accord with standard offood safety in production of food or sellers knowingly sell this kind of foodcauses damage to others, consumers can ask its ten times compensation responsibility. Come into force as of July1,2010of the tort liability lawarticle47stipulates clearly the patentee has the right to the producers thatare defective products and the production, sales, resulting in anotherperson’s life and health right injury cases, may require the correspondingpunitive damages. Because of product quality, food safety, real estatecontracts are the key problems affecting the livelihood of the people, so thelegal system to protect the most close to the livelihood of the people’s basicliving problems as a starting point, have made the punitive damages ofdifferent standards and conditions. Production operators that are defectiveproducts, for the sake of their own economic interests, and do not hesitateto harm the interests of consumers, the subjective vicious should beseverely punished by law. Secondly, the author analyzed the tort liabilityact and article49of the consumer protection law,"food safety" in thesecond paragraph of article ninety-six of the punitive damages systemcorresponding to the similarities between the law, its not simple equivalent,the author analysis on the differences and similarities to refine for the studyof the law how to choose the applicable when concurrence, provides theresearch value and practical significance.The third part, the author points out that the act of tort liability of theproblems existing in the system of punitive damages when applicable,include of the words in difficult to accurately apply the law, the main bodyof punitive damages is not clear, scope of application of punitive damagesis too narrow, damage the scope of the fact that lack of rationality and theamount of punitive damages is no clear standard. Clear for the problem, inorder to provide the conditions for its perfect and improve.The fourth part, the author first determine the scope of application ofpunitive damages system. Scholars on whether to expand the applicablescope of the punitive damages has been a controversy. One view, scope ofapplication of punitive compensation system should be expanded, butshould be restricted to malicious product tort caused by the infringer ofdeath or serious damage to health. Another view, we should enlarge thescope of punitive damages, the author will support the scope of punitivedamages break through the scope of the tort liability act. First of all, the"tort liability law" the regulation of product defects lead to serious damage to life or health of punitive damages is positive, but it is a fundamental ruleand scope is limited to the provisions of the product defects. Secondly, theauthor thinks that the act of tort liability of the punitive damagesresponsibility main body of the range is not comprehensive, should be themain body of the expanded producers, importers, suppliers, distributors,transporters, and make it into law. Again, the author of the tort liability actmade to expand the scope of damage to the facts of in, to determine thedamage facts should include personal, property damage and mental health.Finally the author refer to some reference factors of the system at home andabroad, in the prescribed upper limit to the amount of punitive damages.