The Study On Punitive Damages System In The View Of Economic Law

Since 1994,the Law of the PRC on the Protection of the Rights and Interests of Consumers,punitive damages first applied to the juridical practice.With the development of market economy,a lot of defect gradually appeared in the system of punitive damages.In order to protect the society public interest,maintain the society economy order,to punish baleful wrong-doer besides the damages.The essence of the punitive damages is a kind of government intervention theory.There are essential differences between the punitive damages,civil remedy,criminal punishment,and administrative penalty.Currently,our country applied the punitive damages system in the field of consumer protection and manufacture's liability.There are various kinds of problems emerged,such as the extent of application is confined,the application condition is not quite reasonable,the amount of punishment penalties is indeterminate.All the problems blocked the achievement of the function of punitive damages system,quite far away from the legislative purpose.This paper through analyses the practice and development trend of punitive damages system of other countries to explore the way to improve existing system.It's a trend to broaden the apply field in other economy area.The suggestion to improve the system including change the objective element current seriously personal injury to the referential element;for the subjective element,introduce the culpable negligence,clear and definite the definition of know perfectly well.The amount of the punitive damages required to balance the deterrent function and judicial practice.The principle is moderate deterrent,to place stretch amount first,infinite sum second forming a composite mode.