Application Of Punitive Compensation System In The Mass Torts

With the continuous development of science and technology in the21stcentury,the society has become a high-risk society. It is driven by the interests, manyenterprises produce flawed or high-risk products at any cost, ignore the legitimateinterests of others, and disregard the public interests. With risks of the new social,spring up a large number of large-scale infringement cases. Such as food safety issue,and product quality problems have been affecting people’s life. Modern society hasbecome a high-risk society, large-scale infringement cases occurred frequently inrecent years, the existing legal system faces many challenges, the traditional ways oflater remedy has been a far cry from meeting present demands in dealing withincidents, and cannot ensure the victims obtain effective relief timely.Punitive damages system originated in the in the British, and in the Anglo-American law system countries get enrichment and development, has the function ofthe remedy of damage, deterrence and prevention. However, this system in thedomestic application are now finding life difficult. Because of our country followedthe civil law theory of Germany. and insisted on the differentiation of public law andprivate law. So we do not set punitive damages system originated in the civil law. inrecent years, our country also gradually introducing punitive damages, But thepunitive damages system of the separate law really don’t come from maturetheoretical research. it comes from The urgent need for social life, so the system ofour country still keep up cautious approach, on the basis of the modern social, andanalyze the reality of our country. It is very worth to research the operation ofpunitive damages. Because punitive damages system fits the social background oflarge-scale infringement cases spring up. When apply punitive damages, should insiston the unity of the subjective and objective All things considered, infringer’ ssubjective mentality, behavior nature, harm result and so on. just as professor Posnersaid：It is not enough to have great rules, and needs a institutional structure to ensurereasonable cost to decided illegal exactly and quickly. reasonable cost to getreasonable abidance. With the unique social conditions of our country. full play the functional advantage of punitive damages system. To make the outside system haspositive significance in the localization process. This article is on tort law’s area，totalk about applying punitive damages of punitive damages, to make up our country’sshortcomings with large-scale infringement cases and improve the punitive damagessystem.The article main content includes: the first part mainly introduces the large-scaleinfringement cases and classification. This part firstly according to different standards,classifying large-scale infringement cases in reality. Second teasing the concept ofmass torts briefly, analyze the causes of mass tort and its particularity, it is aimed atthe particularity of large-scale infringement cases and serious social harmfulness. Thesecond part describes the punitive damages to the large-scale infringement’sprevention mechanism. Based on the unique system of function of punitive damagesis introduced, which leads to the function of punitive damages system. The punitivecompensation system earliest originated in UK, after the United States can develop amore fulfilling. In the legislation of our country, the punitive compensation system isnot widely used in large-scale infringement cases. Compared with the traditionalcompensatory damages, punitive damages system has its own particularity. Give fullplay the preventive function to fill the damage and deter others when dealing withlarge-scale infringement cases. Strengthen the compensation mechanism for victimsin mass torts. To deter the offender to make a profit by the high compensation of thepunitive damages. The third part introduces the apply punitive damages in the masstort. Our country has to apply the punitive compensation system in some areas. Theselaws and regulations appear personally, provide theoretical support for the applicationof punitive damages system, also shows that our country has gradually accepted andapproved the trend of the system. As you can see, in the domestic, the punitivecompensation system of reference remains an indisputable fact, but it is still a longway to go. Full consideration should be paid attention to when applicable theinfringer’s subjective important document, pay attention to in the scope of application,when determining the amount of punitive damages, pay attention to refer to many factors. We will further improve the punitive damages in the large-scale infringementapplicable.