Research On The Punitive Damages System In China

The Amendment of the ‘Law of the People’s Republic of China on theProtection of Consumer Rights and Interests’ in2013has been expresslyprovided by Article55of the punitive damage in the field of tort law andcontract law. And it is easy to connect the punitive damages system with itscommon law countries by the name of the point of view. Thus, Chinesescholars study the system of punitive damages and learn from theachievements of the most common law countries of the punitive damagessystem. However, we still need to pay attention to the punitive damages forthe study of the system and to be sure that the first practice has been rootedin the country’s legislature. At present, China’s legislative provisions aboutthe punitive damages are scattered on the multiple legal departments, suchas the civil law, the civil procedure law and the labor law. Given thedifferences in the properties of the different branches of law, the paperdefines the object of study in the area under the civil law. This paper willsort and summarize the outcome of the judicial system of punitive damagesto the field of civil law, which is based on the relevant laws of China andcombined with legislation in other countries and regions. Meanwhile, thepaper will provide the appropriate sound advice for the lack of punitivedamages areas of the system.This paper is divided into three main sections:The first chapter is the introduction and analysis of the research statusin China about the punitive damages system. On the one hand, itsummarizes the research results of the scholars in China from theperspective of the origin and development of the punitive damages in thecommon law countries and the civil law countries. On the other hand, it sums the research results of the scholars in China up from the perspectiveof the basic theory of the punitive damages. And on this basis it points outthe imperfections of the existing theories about punitive damages from theperspectives of implication, property, purpose and functions. This paves theway for the following reexamination of the research status after the analysisof the legislation status of the punitive damages in China.The second chapter focuses on the legislation status of the punitivedamages in China. First, it distinguishes the two fields of contract law andtort law to summarize the status of legislation of the punitive damages, andon basis this it concludes the characters and the constitutive requirementsof the punitive damages in the above two aspects. Second, it use the lawrules and the research results to demonstrate the necessity and legitimacy ofthe punitive damages in the China.The third chapter makes sound recommendations of the punitivedamages. Firstly, it supplies advices from the aspects of implication,property, purpose and compositions for the basic theory of the punitivedamages in China. Secondly, it discusses the limitation on the applicationarea of the punitive damages. Thirdly, it provides solutions for the fact ofenactments overlapping. Fourthly, some proposal related to legislation isdiscussed for the perfection of determining mechanism of the sum of thepunitive damage.