The Perfection Of Punitive Damages System In The Field Of China's Labor Law

With the development of social economy and civilization,the relationship between employers and employees is in constant adjustment.The overall situation of industrial security is good,but in the meanwhile,the data of the damage caused by various security incidents indicate that the situation is not really optimistic,more attention should be paid to the protection of wok force's rights and interests.The punitive liability is different from the traditional civil liability.It violates the principle of fairness and equality of civil liability,and it is a punishment for behaviors that does social harm,which include the harm to individual and society interests.The economic law is intended to protect the increment interests of the individual and the society as a whole,therefore,punitive damages show the attributes of economic law.Because of its special attributes and functions,punitive damages have been put into further application in Chinese legal system.And it is an important system in the field of Labor Law as well.It is of great significance in improving the situation of production safety and protecting the human resource.Although punitive damages are embodied in the Labor Law,some provisions of the punitive damages are just for application,and there's no systematic institutional provisions.Thus,a series of problems comes into being.From the perspective of substantive law,the compensation clauses does not take the well-being of laborers into consideration,and the provisions of the compensation is not reasonable and deterrent.From the perspective of procedure law,the putting forward of administrative adjudication adds to the laborers' litigation exhaustion,what's more,the burden of proof and standard of proof take full application of civil procedure rules.Punitive damages system is of great significance to the protection of human resources and the sustained development of economy in China.Institutionalizing the punitive damages in the Labor Law will make contribution to its function.Ways of institutionalizing could be divided into two parts: in terms of substantive law,clarifying the independent claims of punitive damages,enlarging the range of application to include the well-being of laborers,taking into full consideration of the employer's bad behavior and the compensation of the related subject to improve the compensation scope of punitive damages,making sure of the reference factors of the amount of compensation to determine the amount of the compensation.In terms of procedure law,canceling the ordering procedure of the administrative department,and giving the right of suit directly to the laborers.Adopting the rules of inversion of the civil proof responsibility,and combining different forms of burden of proof.Improving the special standard of proof in punitive damages,and adopting the “clear and convincing” standard of proof on the basis of our national conditions.