On A Large-scale Punitive Damages For Violations Of Prevention

In21st century, with the trend of economic globalization, driven by interests, lotof mass tort cases emerged. As to the imperfection of the legal system of market, theimpact and damage it caused is serious and severe. For this reason, pure remedialprocedure could never satisfied the current need.Punitive damages, though derived from British, reached its peak in America.However, punitive damages struggled in China. Although early in “Law on Protectionof the Rights and Interests of Consumers” it was indicated implicatively, although in“Tort Liability Law” it was said explicitly, the effectiveness, rationality and legitimacyof it has been disputed continuously. In a word, punitive damages still have a longway to go in China.The purpose of the thesis is to justify the rationality and legitimacy of punitivedamages by discovering the realistic dilemma of mass tort in China, by referring thesuccess experience abroad, by researching and analysis the punitive damages’prevention mechanism. The thesis would also set forth some suggestions to help theapplication and development of punitive damages in China.The thesis mainly consists of four parts. The first part would first review somecases of mass torts. After that, a study of the concept, the particularity and cause ofmass tort would be given so that the danger of it would be noticed. The second partwould present some realistic dilemma currently. Then the definition and somesuccessful experience of punitive damages abroad would be stated. The third wouldfocus on analyzing and studying on the operating mechanism of punitive damages inpreventing mass tort cases. The purpose of this is to clarify and justify the advantage,the rationality and legitimacy of this institution. The final part of the thesis would setforth some suggestion about the application and development of punitive damagesin China on the basis of the studying of domestic status.