On The Application Of Punishment And Compensation System In Contract Law

Punitive damages originated in countries of Common Law system and have developed into an important legal system.Following the punitive damages system of the United Kingdom,the United States quickly extended it to the field of contracts and to widely applied it,in the form of case law,to various types of contracts,effectively punishing traders for malicious acts.In the early years,in order to regulate the operator's fraud,punitive damages were allowed to be applied in the consumer contract,and then into various relevant separate laws.The application of the punitive damages system in the contract law is to permit the application of the relevant provisions in the special law through the quasi-applicable standard.In this form of legislation,there are some problems such as the lack of concept,the narrow scope of application and the lack of uniform application rules,which hinder the further development of the legal system in judicial practice.At present,China is constructing a social credit system.At the time of the compilation of the Chinese Civil Code,this thesis explores the general applicable rules of punitive damages in contract law and build a complete system to strengthen the principle of good faith in contract law and to maintain the order of market economy.This thesis is divided into four chapters.The first chapter defines and clarifies the concept of punitive damages and the nature of private law.By sorting out and analyzing the current status of the application of punitive damages in the field of contract in China,and exploring the lack of legislation reflected in judicial practice,it is concluded that it is necessary to construct general applicable rules of punitive damages in our contract law.The second chapter demonstrates the legitimacy of the application of punitive damages system in our contract law.On the one hand,from the point of view of reflecting the intrinsic value of the contract law and perfecting the damage compensation mechanism,the author demonstrates the rationality of applying the punitive compensation system in the contract law.On the other hand,the author tries to prove that there is a theoretical basis for the application of punitive damages in the contract law by cracking the main theoretical disputes in the academic circleThe third Chapter examines the application of punitive damages in the field of contractsin the United States and Taiwan,and provides a complete review of the specific content including the scope of application,applicable elements,and the amount of compensation.Based on the summary of applicable characteristics,it provides useful experience for the construction of punitive compensation system in China's contract law.The fourth chapter is the systematic construction of the application of punitive damages in China's contract law,including the legislative model,the applicable conditions,the scope of application,and the amount of compensation.It consists of four parts,and based on the analysis of the existing draft Civil Code,it tries to draw up the legal provisions applicable to punitive damages in the Civil Code Contract Law Division.