The Study Of Chinese Punitive Damages System Of Labor Law

Punitive damages system originated in the judicial practices in the countries of Anglo-American law system in the eighteenth century, after more than two hundred years of development, has been accepted by more and more countries. He absorbed the criminal law punishment and deterrent effect and the civil law principle of equal consultation and citizen as the chief complaint of the characteristics of the. In tort, contract, etc, the constraints of the illegal act or default behavior plays an important role and gradually expand the scope to other legal areas.This article is the study of punitive damages system in the field of labor law, and on the application of the penal system in the field of labor law in China, existing problems and improvement Suggestions. Understand or study a legal system and regulation, the most basic is also the first step is to understand its concept. Legal concept is one of the constituent elements of the law, a generalization on all sorts of legal fact, abstracts the common features of them and form the authority of the category. The origin of the punitive damages system and molding in the perfection of the judicial practice in Anglo-American law system countries, there is no unified in law and legal theory research in China or authoritative definition. The author in the first part from the Angle of the development history of the punitive damages punitive damages are briefly discussed in the written concepts and features of the system in the Anglo-American law system, study and summarization of the scholars in recent years in our country, legal concept of punitive damages in generalizations. Although whether in China belongs to the strict sense of the civil law countries there has been discussion, China’s "consumer rights and interests protects a law" and "the supreme people’s court on some issues of commercial housing sales contract dispute case applicable law interpretation of punitive damages and other legal and judicial interpretation has been made clear and applicable, but has been confined to the civil tort and its legal relationship. The author from the punitive compensation system existence rationality and labor law as social addition to assume social responsibility and the legislation tenet, expounds the punitive damages into the important significance in the field of labor law.In the second part of the article, the author of punitive damages provisions in labor law relations in China is analyzed. Affirmation of the positive role of punitive damages as well as the practice and the existing problems are expounded. In the third part emphasizes on how to perfect the punitive damages in the field of labor law in China to imagine, including enlarging scope of punitive damages provisions applicable to unit of choose and employ persons after worker happening inductrial injury accident, failed to timely pay inductrial injury treatment。 In the determination of punitive damages integrated use of different calculation standard, Refer to the degree of fault, continuous time length, the frequency and profit situation, at the same time allow the judge according to the actual situation in a certain range to exercise discretion. At the same time, further straighten out the labor arbitration in labor dispute, the relationship between the Labour administrative department and the courts, alleviate worker v. tired, etc.