The Study Of Punitive Damages In The Field Of Labor Law

"Punitive damages" is a kind of special civil liability for compensation.In addition to fully compensate the victim’s actual loss,it refers to another part of the liability for compensation which shall be borne by the offender because of his illegal activity,this responsibility emphasizes "punitive" and "preventative".In 2008,"Labor Contract Law" brought in punitive damages,it developed into a systematic specification group from a single legal provisions.Punitive damages is usually applied in the field of civil law,but it’s attribute combines public law responsibility and private law responsibility based on the unique purpose and function,so it’s legal attribute should be defined as the social law.Labor law belongs to the social law system,so,the legal attribute of labor law and punitive damages is matching.Because of the inequality of labor relations in China,laborer is the week.So,it’s very important to continuously improve the legal rules about the liability for compensation of employers.As a special liability for compensation of employers,punitive damages can effectively prevent the illegal activities of employers.This shows that it tends to protect laborers and conforms to the principle of labor law.So,it’s reasonable and necessary to introduce punitive damages into the labor law.This article attempts to study punitive damages in the field of labor law.In the aspect of theoretical value,it’s helpful to understand the value and the function of punitive damages by studying it’s meaning and attribute;it’s helpful to summarize the scope of application and constitutive elements of punitive damages by studying research products about it in the field of civil law.In the aspect of practical value,it’s helpful to find defects about punitive damages in the field of labor law by analyzing the three laws about punitive damages in "Labor contract law",and we can present more effective legal suggestions by analyzing the blocked reasons.In the field of labor law,punitive damages can prompt employers to act in accordance with the law with high compensation,and it would to achieve the goal of the inclined protection towards workers in the end.But,punitive damages is only applied to "Labor Contract Law" in the field of labor law in China,it has lots of deficiencies,for example:the scope of compensation is too narrow,the compensation standard is too rigid,the procedure of compensation is too complex.All of these will hinder the development of punitive damages,and can’t realize the goal of protecting laborers comprehensively.I think we can consummate this legal system from three aspects:expand the scope of the compensation,refine the compensation standard,construct an alternative relief procedure.This will prompt the punitive damages system more systematic、more effective and protect laborers more comprehensive.