The Application Of The Punitive Damages In The Supply

Punitive damages is the court according to the damage extent of victims and the offender’s subjective malignant degree by means of legal procedures judging offender payment compensation money outside compensatory damages to curb offender and similar behavior in the future.In China the system of punitive damages first appeared in 1994 "the people’s Republic of China Consumer Protection Law"(hereinafter referred to as the "consumer law"), then in the tort law, the sale of commercial housing emerged too. In 2013 October, "the people’s Republic of China(hereinafter referred to as the" tourism law ") came into force, the seventieth paragraph used punitive damages system in the tourism contract first time, this paper is reaching the application of punitive damages in the "tourism law".There are five parts in this paper. In first part, expounding the particularity of the punitive damages in the "tourism law", including the legitimacy of punitive damages and compare its with other liability comparison and discuss its characteristics at the same time. the author through theoretical analysis to state the rationality and necessity of punitive damages in "tourism law", by comparison with other civil liability system analysis summed up its protection of punitive damages the personality and look forward to the interests of tourists. The second part is the applicable conditions of punitive damages, the author discussing its subjective and objective conditions including intentional, gross negligence, the travel agency illegal behavior, damage, causality possible exemption and so on. The third part discusses the scope of application. The author mainly expounds the "tourism law" in the application of punitive damages, the main contract and determining the amount of compensation. The fourth part discusses the application of main body, contract, compensation payable. Since the implementation of "tourism law" have more than one year, but there are still some questions and the author put forward their own proposals. The last part is the conclusion.