Research On The Legal Issues Of Expanding The Scope Of Application Of Punitive Damages In China's Tort Law

The expansion of the scope of punitive damages in tort liability law is necessary to contain the variety of infringement in real life, and also to meet the increasing awareness of rights protection and the increasing awareness of the protection of freedom. Compensatory damages can no longer meet the compensation of the victims, nor can it effectively prevent the recurrence of similar violations by the infringer or others. At the same time, our country's legislation of tort law on the punitive compensation system starts relatively late, until 2009 the tort liability act only in article 47 of defective product specified for the corresponding punitive damages, and the act of infringement of the regulation of punitive damages system is relatively limited, cause the system has been controversial,so that to a certain extent,affected the suitable scope of punitive damages in our country, to further expand in tort law.The punitive compensation system is the civil damage compensation system corresponding to compensatory compensation system ,on the macro level, it plays a vital role in stabilizing social order, protecting the rights of victims and maintaining public interest,the punishment and containment of punitive damages system should be played to a greater extent and more effectively,so as to correct the abuse of rights and promote the harmonious development of social relations.That is punitive damages, aimed at the maximum scope to curb malignant infringement, protect victims, and safeguard social equity and justice. At present, expanding the scope of application of the system, not only the Anglo American law system for punitive damages applicable as a model and reference,but also it has more sociological foundation,important legal value meaning and sufficient law economics as a theoretical basis.However,due to tort law on the application of punitive damages system to adopt a conservative and cautious attitude,in such a background,the solution to solve this problem is first to apply punitive damage system in environmental tort,the motor vehicle driver,malicious infringement of drug tort,which have strong hamfulness,against a wide range of social influence.Therefore, the punitive damages system should be expanded from "why should it be extended" to"how to expand it".