Research On The Legal Issues Of Punitive Compensation In The Perspective Of Economic Law

In early 2017,the State Council put forward "Market Regulation Planning of the Thirteenth Five-year Plan" in which punitive damages system was mentioned three times.It highlighted the importance of punitive damages system in the economic transformation and construction of the legal system of market economy.The application of the punitive damages system is not only to punish the economic order of the offender,but also to deter potential offender crime.What's more,the system can stimulate social common people to join the private enforcement for safeguarding the interests of the whole society and achieving the effect of social work.For many years,there's often dispute within the legal attribution the academic circle,but most of which are from the angle of civil law.This paper is based on the social functions of the system,the author advocates the punitive compensation system has a certain economic law attribute.Punitive damages system focuses more on filling the social welfare damaged by illegal actions,pays attention to safeguarding the interests of the whole society and eliminates the negative externality,and it matches very well some characteristics of the economic law.Under the economic horizon,the paper combs through the legislative status quo of punitive damages in our country,puts forward the main problems existing in the process.Through the method of economic analysis and drawing lessons from America,the writer builds three suggestions which are more advantageous to realize substantial justice—filling the social welfare.