Research On The Punitive Damagesin Labor Contract Law

The punitive damages in “Labor contract law” was developed from the punitive damages in “labor law”, increased the scope and punishment and caused many controversial. This paper will study the principle theory of punitive damages and analysis the problem of punitive damages in the the “labor contract law” using principle theory, and put forward suggestions for improvement.This paper has five chapters. The first chapter will introduce the development of punitive damages in China by set the "consumer rights and interests protection law” and labor law as the example. The second chapter will introduce the basic theory of punitive damages, which lay a solid foundation for the following study.The third chapter will introduce the dispute in the research of punitive damages.such as the dispute of the legitimacy of the system and the dispute in applicable. The fourth chapter is a reflection on the system of punitive damages in the “labor contract law”, To research how did the punitive damages in “labor contract law” violate the theoretical principles, and analysis the controversy in the judicial prsctice. The fifth chapter put forward suggestions to improve the system of punitive damages from the position of limit the application of punitive damages.