Analysis Of Punitive Damages System In Tort Law Of China

For both China and foreign countries,the punitive damages system has always been a controversial issue in the field of tort law.From Article 49 of Law of Protection of the Consumer Rights and Interests issued in 1994,China has introduced the punitive damages system.In the past over 20 years,problems have cropped up one after another.From whether the system shall be localized and transplanted at the very beginning to how it can be specifically applied in a certain field,there have been ongoing research and discussions on the history,nature,functions,legal requirement,and overseas issues for the punitive damages system.Under the social background for the outbreak of large-scale infringement incidents such as �San Lu Milk Powder Case�,as the central presence securing private right and playing the pillar role in China's socialist legal system,Tort Liability Law also correspondingly introduced the punitive damages system,the significance of which was self-evident.At the very beginning of legislation,the academic community conducted a lot of discussions on whether punitive damages system should be introduced and its application scope.Finally,legislators took a cautious attitude and put it under Article 47 of Chapter 5 Product Liabilities.But later,there has been little research on the concrete application of Article 47,particularly the research on practical analysis.This thesis follows the logic of moving from theories to practice and returning to theories and analyzes the punitive damages system of Tort Liability Law from three aspects.Part One Research on the Basic Theories on the Punitive Damages System.Firstly,the author discusses and analyzes the definition,nature and functions of punitive damages system and proposes one's own ideas based on the enumerated ideas of a lot of scholars.Then,taking the release of Tort Liability Law as the time node,the thesis illustrates the status on the legislation of punitive damages system in China and introduces in detail the legislation process of Article 47 of Tort Liability Law.Finally,the thesis specifically sorts out and summarizes the four components of Article 47 of Tort Liability Law and major provisions on the punitive damages system at the current stage in China.It is the foundation for the judicial practice of the following article.Part Two Judicial Exploration and Analysis of Article 47 of Tort Liability Law.The author searches and reads relevant cases with phrases similar to �Article 47 of the Tort Liability Law� and �Article 47 of the Tort Law� as the keywords,finds out several problems,and offers specific illustration and analysis by focusing on the priorities in combination with cases and data.Firstly,the author analyzes the relationship between Article 47 of Tort Liability Law,�ten times compensation� in Food Safety Law,and Article 55 of Law of Protection of the Consumer Rights and Interests.Secondly,the author analyzes the three prominent problems and causes in the cases read by the author: The first problem is whether �ten times compensation� in Food Safety Law takes damage as the premise.The second problem is how is the amount in Article 47 of Tort Liability Law determined in legal practices.The third problem is that victims of some cases have experienced difficulties in producing evidence.Part Three Evolution Direction of Article 47 of Tort Liability Law.The punitive damages system originates from the UK and enjoys the most complete development in the United States.Thus,the author adopts the comparative analysis method,specifically introduces the development history,constitutive requirements,and compensation amount in American punitive damages system.Based on the above analysis,the author proposes the evolution directions for the punitive damages system of Tort Liability Law: Firstly,a general article on punitive damages system can be added to the general rules of Tort Liability Law.Secondly,we should improve the constitutive requirements for Article 47 of Tort Liability Law.For example,we can add culpable negligence to subjective requirement,clarify the concrete standards for the compensation amount and speed up legislation on punitive damages in some areas.