Study On The Scope Of Application Of Punitive Damages System In China

Punitive damages arise and develop in the common law countries.The purpose of the establishment of punitive damages is to make up for the lack of compensatory damages in the field of mental damage in the case law.The system was introduced into the consumer protection law of the 1993 in China,which triggered a heated discussion about the application of punitive damages and the compensatory compensation of the civil law system in the two countries.In this paper,the author first studies the different meanings and functions of punitive damages in the United Kingdom and the United States,and finds out the general theoretical basis for the application of punitive damages system in Anglo American law system.Some scholars in China to understand the meaning of punitive damages is controversial,mainly focused on whether the system should have to make up for deficiencies in the system of compensatory compensation function,namely the application of punitive damages should be based on whether the actual compensation liability for the existence of the premise,according to the current academic old no consensus.However,some scholars have suggested that the relevant provisions of punitive damages can be considered in the field of mental damage.The necessity and scope of punitive damages has been an important indicator of the legislative direction of the system,and also the focus of academic debate.In recent years,with the "consumer protection law" and the promulgation of the amendment,the Supreme People's Court on the trial of "real estate contract dispute case applicable legal interpretation" of the introduction,the "food safety law" and "tourism law",the implementation of the "tort liability act" on punitive damages system confirmation,theoretical research punitive compensation has made great progress,this paper analyses the necessity and legitimacy of punitive damages in contract and tort.Through the investigation on behalf of punitive damages in common law system and civil law legislation in the United States successfully transplanted the punitive damages in China Taiwan legislative experience,analysis of the two legislative experience about punitive damages and the scope of application,can be used for punitive damages in the scope of our country,find out the way of our country's legislation.By analyzing the current legislation of punitive damages system,we can see that the scope of the system mainly concentrated in two areas of contract and tort,and the scope of the system showed a growing trend.Summarize the current situation of punitive damages in contract and tort areas,find out the defects of the system,and provide reference for the perfection of the system of punitive damages.For perfecting the punitive compensation system,this paper applies thought without limit any system or not,very likely overkill,and by analyzing the current punitive damages,the legislative proposals in the field of tort and breach of contract shall be restricted to the application of the punitive compensation system,and put forward the writer the idea of improving the existing punitive damages in the field of tort and contract breach.As for whether the general clause of punitive damages should be set up,the view of this article should be hoped that the provisions in the general provisions of the debt should be stipulated in the civil code of our country.