Research On The Application Of Punitive Compensation System

In the process of compiling the Civil Code,the punitive compensation system has been receiving much attention.The sub-part of the "Civil Code" provides punitive compensation for the intentional infringement of intellectual property rights,intentional pollution of the environment,destruction of ecology and product liability in excess of the actual amount of damage.Judging from the draft,the product liability field still continues the relevant provisions of Article 47 of the Tort Liability Law,and no major changes have been made to the infringing acts and damage results.Based on the actual needs of risk prevention and control and optimization of rights and interests protection,China has already introduced punitive compensation systems in some areas.Even so,in retrospect of the process of legal transplantation,China's discussion on the legitimacy and rationality of the punitive compensation system has never ceased,and the scope and conditions of application revealed by the legal expressions have been questioned.The punitive compensation system originated in the Anglo-American legal system was hindered by different legal system concepts in the process of China's localization.Countries in the civil law system generally reject punitive damages due to the principle of homogeneous compensation,and theoretical research rarely involves it.The countries in the Anglo-American law system have a deep foundation and applicable experience in the punitive damages system,even if they are subject to controversy and repeated disputes.The reform and punitive compensation system still exist and have far-reaching effects on the world damage compensation system.In order to solve the urgent needs of social realities,the punitive compensation system can be applied in the contract field and extremely limited infringement in specific situations in our country.However,the individual introduction of the single law has not led to the establishment of a systematic punitive compensation system in China.The narrow scope of application,the strict application conditions,and the rigidity of the amount of compensation all make the system function greatly reduced.With the economic development and the high requirements for integrity of citizens participating in civil activities,the existing punitive compensation system has gradually exposed the problems of difficulty in application,poor effect,lack of coordination,etc.At the same time,the different choices of the value orientation of legal norms in different periods also indirectly lead to the confusion of judicial practice.In this paper,based on the basic theory of punitive damages system,surrounding the legitimacy of punitive damages,on the application of the punitive damages system in China for the existing problems and current situation,through the instructional cases was compared with the general case,analysis of the system at the applicable level of chaos back the different attitudes of two law systems,review the useful experience of outside system construction,aiming at the existing problems,put forward measures for perfecting the system for the corresponding.Article is divided into five parts.The first part introduces the background and research significance of the article,summarizes the origin,historical evolution and applicable status of the punitive compensation system,and briefly introduces the layout and research ideas of the article.The second part discusses the basic theory of the punitive compensation system,which mainly includes the definition of the meaning and characteristics of the punitive compensation system,the functional value of the system and the necessity of the system.It involves the civil liability system,the civil law standard,and the limitations of the compensatory compensation system.The third part reviews the opportunity and process of introducing the punitive compensation system in China,combined with the statutory law and the punitive compensation provisions in judicial interpretation,analyzes the current status of the application of the system,and shows the different results caused by the application of the system through cases.Afterwards,the problems existing in the application of the system in China were extracted and their causes were explored.The fourth part compares and analyzes the punitive compensation systems in the United Kingdom,the United States and Taiwan,and summarizes the beneficial experience of system construction through the investigation of extraterritorial laws,and is committed to the localization of punitive compensation.The fifth part draws on the experience of system construction and proposes a perfect conception of the application of China's punitive compensation system from the perspective of legislation and judicial practice.For example,the scope and conditions of punitive damages should be appropriately amended,the coordination within the system should be enhanced,and the amount of compensation should be set scientifically and reasonably to play the role of the system.At the end of the article,a brief analysis was made on whether punitive damages and moral damages can be co-existed with punitive damages in public interest litigation.