Additional Punitive Compensation System Study Of The Anti-unfair Competition Law

China’s " Anti-Unfair Competition Law" has been used in traditional civil damages incompensatory damages mode, in practice, has highlighted its limitations, a seriousimpediment to the full value of the system, anti-United States and Taiwan, China unfaircompetition law, punitive damages have been widely used, and achieved good socialeffects. Under realistic conditions, the terms of the existing Anti-Unfair Competition Lawdoes not complete the historic mission and purpose of the value of the Anti-UnfairCompetition Law, it is difficult to carry people eager to regulate the market wrongdoing.Therefore, only the existing system to correct damages not only the system itself is needed,it is the inevitable requirement of the times.Punitive damages on the basis of the theoretical system, I believe that the perpetratorsof punitive damages is paid more than the actual loss to the victim ’s compensation, whichfrom in terms of both quantity and quality, respectively, with a super-compensatorydamages and welfare of these two significant characteristics. Punitive damages in acompetitive market environment, the perpetrator violated the social order, and each marketplayers to enjoy the right to a fair competition, so to say the offender actually violated thelaw-abiding operators and consumers everybody in the normal market order should get thebenefit should be punitive damages for violations who fill every market competitors due tothe destruction and damage to public order. I learned that social justice is a fundamentalright the right to compete for punitive damages, which is a civil compensatory damages toproperty as a fundamental right to be different from the method of analysis. Punitivedamages in property from a non-departmental administrative law, civil liability of non-negativity discussed two aspects discussed their inner spirit fully consistent with theeconomic law from both the public interest to protect and pursue substantive justice, cometo belong to the economic law form of liability, in order to build a legal starting point ofthe article; demonstration of the system introduced in the rationality of the Anti-Unfaircompetition Law, the author considers that the existing anti-unfair competition lawapplicable limitations large compensatory damages, and punitive damages the purpose andvalue of the Anti-Unfair competition Law on the protection of fair competition andprohibit unfair competition and safeguarding the interests of consumers just fit, furtherpointed out that punitive damages can apply to private competition litigation incentive toincrease the cost of illegal and achieving social justice substantive three advantagesobtained additional punitive damages system in China Against Unfair Competition Law is appropriate.The author of the theory of punitive damages to introduce pre-Unfair CompetitionLaw issues in-depth study, learn from foreign advanced technology and legislativeexperience, combined with China’s actual situation, to improve our anti-unfair competitionlaw damages regime proposed specific design that retains the liability section of the law incivil damages under the premise of the existing model, additional provisions of punitivedamages. I believe that given the appropriate definition of a parallel grid operators theright to request qualification is particularly important; in Elements, the perpetrator’ssubjective state of mind to focus on the analysis; calculation method to be on his way tothe first correction since then, choose a way to determine the parallel; the amount ofcompensation determined criteria to focus on the social impact considerations, operationalrationality three areas, adhere to the prevention and compensation for damages modestoverall approach. The purpose of the system can fully adapt to the development of thetimes, more safeguard the legitimate rights and good market operators to achieve justicefor the victims and an effective incentive compensation, hoping for the futuremodifications method has some reference value.