Study On The Expansion Of Punitive Damage Application Scope In China

Punitive damage system has been controversial in its scope of application sinceits originating in Britain. However, there are some reasons that punitive damagesystem exists until now and makes rapid development through controversy. It can notonly compensate the simplicity of civil liability and keep up with the socialdevelopment, but also it can correspond to the tendency of the private law andenhance the legal protection. Though the punitive damage system is applied morewidely in common law system than continental law system, yet the current situationis that the application of punitive damage system is enlarged in continental lawsystem. China is cautious about the application of punitive damage system.However, with the development of the society, especially after the rapid economicdevelopment in the recent30years, some social problems become more and moreconspicuous and the legal hysteresis in the punitive damage system is increasinglygrievous. The thesis tried to analyze the necessity of the perfecting the punitivedamage system and suggests the way of perfection by analyzing its compensationfunction, deficiency in legislation and legal globalization.Apart from the introduction and conclusion, there are three parts:In the first part, the author analyzed the disadvantages of narrow scope of thePunitive Damages in the existing, concluded its deficiency in legislation andindicated the necessity of the perfection. First, the author proposed that theperfection of punitive damage system should be on the premise of the compensationfunction. Then, through the analysis of the attitude,we can conclude this kind ofattitude makes the illegal phenomenon emerge in an endless stream.In the second part, the author discussed the theoretical basis of the expansion ofPunitive Damage application scope in China.First, measures should be taken towiden the scope of punitive damage system in the field of contractual liability, sincethe punitive regulations could be applied in the breach of the contractual liabilityduring the process of conclusion and fulfillment. Next, same measures should alsobe taken in the field of tort liability so that the punitive damage system can be established preliminarily in the current laws.In the third part, the author explained how to perfect expansion of PunitiveDamage application scope in China. This was also the author’s conceptionconcerning to the perfection of punitive damage system in the new field. Besidesbeing enhanced in the current laws, the punitive damage system should be alsointroduced in the field of intellectual property right, act of infringing trade secret andbattery so as to perfect the punitive damage system in China.