The Legislative Perfection Of Punitive Damages System In China

The modem Punitive damages originated in the United Kingdom, then it made its future development in United States of American. Because of the division of public and private law, civil law countries opposed to introduce in Punitive damages. However, as two law systems mutual learning and assimilation, as a special form of liability for damages,punitive damages should make up the drawbacks of compensatory damages.They are complementary tools. In recent years, a large number of products put into people’s horizons. Substandard products filled with commodity markets, product safety accidents cause huge damage to users. In order to punish illegal actsand supervise operator work with honest.And to provide powerful guarantee for the legitimate rights and interests of consumers.Punitive damages system bring in China. Consumer rights and interests protects a law regulated that:when operators have a fraud, consumer shall have the right to request payment for double the price. It is a profound meaning of bold innovation. Soon afterwardsTort Liability Law and Consumer Protection Act established punitive damages clearly. It marks the beginning of our country’s punitive damages. But, from the current situation of the implementation of our country, itis insufficient. The legislative purpose and functionrealize didn’t realize. For the performance that it lacks of unified principle and purpose, the applicable scope is too narrow and the applicable conditions are too strict,the compensation is too conservative. These disadvantages lead to punitive damages system in China is difficult to play social function and legislative purpose. Therefore, combining the basic law and special laws, expand the scope of punitive damages system and formulate reasonable application of punitive damages,improve the amount. To further perfect the system of punitive damages in our country.