Research On The Problem Of The Application Of The System Of Punitive Damages In The Field Of Tort

Punitive damages system originated from Anglo-American law system, it is corresponding to the system of compensatory damages compensation system, is pay to victims of more than the actual loss of money damages. Since the system of punitive damages be get into the field of tort in our country, continuous development of relevant legislation and gradually improve the system of the attempt to expand the use of the system in the field of tort, but works in coordination, constitutive requirements, compensation standards are still prominent problems, and further expand the scope of application in the field of tort liability. The author try to discuss problems of application of punitive compensation system in areas of infringement and give some improving Suggestions to these problems.Full text is divided into six parts. The first part is the overview of punitive damages. This part is about the definition and function of punitive damages, including, the author thinks that the system has three functions :punishment, contain and encourage private to participate in law enforcement.The second part discuss the tort scope of application of punitive damages in the field of problem, the author thinks that at present stage our country application scope of punitive damages in tort field is too narrow, is not conducive to the function of punitive damages, also works against the principle of equal for civil rights. And, the author suggest at this stage should be considered to introduce the punitive compensation system in the field of intellectual property infringement and environmental infringement as soon as possible.The third part is the study of the infringement areas for the system of punitive damages constitutive requirements. The author thinks that the constitutive requirements of the application of punitive compensation system in our country at present stage are too strict, is not conducive to smooth implementation the punitivecompensation legislation, and is not conducive for the victim to maintain their legal rights. The author propose the subjective important document should include the fault type of gross negligence, and the results elements should be considered the dangerous situation caused by the action.The fourth part, mainly discuss the amount of punitive damages compensation calculation criteria and considerations. Punitive damages system in China, the author thinks that the legislation in the amount of compensation is lack of scientific calculation standard and factor, on the basis of investigation of extraterritorial legislation experience, the author advances some suggestions on the perfection of legislation in China.In the fifth part, the author try to discuss areas of tort in our country should add punitive damages general provisions shall be applicable to the problem. The author thinks that because of the lack of general provisions, making tort in our country at present stage in the field of punitive damages and apply relevant legislation that frequently occurring in the phenomenon, so general rules about application of the system of punitive damages should be added in the act of tort liability tort.The sixth part is mainly discuss the choice of applicable in the punitive damages system in concurrence, the author talk over from the punitive compensation system internal competition between the law and the legal system of punitive damages system with other coordination applies two aspects, and coordination of applicable suggestions are put forward.