The Study On Punitive Compensation System Of Mass Torts In China

With the continuous development of science and technology in the 21 st century,the economic development has brought us unprecedented convenience,speed and comfort,while also bearing great risks.Also businessmen by endless pursuit of interests and human production,life style is more and more concentrated,large-scale infringement cases have occurred,such as product infringement,environmental pollution,such as network security and securities fraud.To this,the traditional law of tort in the processing of causality,relief on the right of way and dealing with the problem of efficiency cannot meet the needs of large-scale infringement cases,it is difficult to ensure that a large number of victims can get timely and effective relief,also hard to impose effective legal deterrent inflicter for illegal activities and prevent the happening of the similar situation.In mass tort cases,the existing coping mechanism based on the theory of compensatory damages is difficult to effectively cope with private law,public law coping mode because of its own limitations also cannot very good prevention and inhibition of large-scale infringement cases continue to happen.Punitive damages system has the basic function of punishment and deterrence,compensatory damages can be a yuan fill function and public law supervision and punishment mechanism of many defects effectively make up for,a preventive mechanism of formation of large-scale infringement cases.At the same time,the punitive damages to the public interest protection and the rise of private law punishment are applicable to the theoretical support for the large-scale infringement.Combined with the existing punitive damages system in China,and the comparison of punitive damages in outside legal and inspection,the punitive damages in our country there are using range is too small,the applicable condition is too high and the situation of the penalties set distribution is not reasonable.In this regard,it is appropriate to apply punitive damages to the scope of large-scale infringement to industrial products infringement,environmental pollution and major safety liability accidents.And suitable conditions are required in the actor has subjective intent or gross negligence,behavior can be hard on resistance,harmful consequences as long as the overall losses as investigation object,rather than having to focus on specific whether the victim suffered a great loss to human body.Finally on the compensation standard,legal compensation ratio and the judge in a certain range of cumulative,punitive damages by the victim and the government should be Shared as a representative of the public interests.