On The Punitive Damages System In The Civil And Commercial Law

In recent years.China learns from the punitive damages system of the Common Law Legal Family and implements the new "Consumer Protection Law" article 55,the "Food Safety Law" article 96,and the "Supreme People's Court on Trial of Commercial Housing Sales Contract Disputes Explanations on Several Issues Concerning Applicable Laws Articles 8,9 and 15,etc about the punitive damages system,which have caused fierce discussions in the society.In this article,we first analyze the different attitudes between the Common Law Legal Family and Civil Law countries towards punitive damages.Because Common Law Legal Family countries pay attention to social effectiveness rather than the principle and legitimacy of the law itself,the punitive damages system in these countries,especiallythe United States has been rapidly developed,matured,and exerted.For civil law countries,because the punitive damages system may confuse the boundary between private law and public law,the main body of private law punishes the right of one of the equal parties,its system of Legitimacy was questioned by the civil law countries.Civil Law countries headed by Germany refused to introduce it and even refused to implement relevant domestic judgments.From the perspective of the social effectiveness and institutional design of punitive damages in China,I compared the functions and social impacts of the punitive damages system in the United States law and found that though the punitive damages system in China and the Common Law Legal Family countries seem to be the same,actual effects are very different.China's punitive damages system is dominated by incentives and guidance functions.Punishment and containment functions are mostly undertaken by administrative fines,while US administrative fines have little effect.The punitive damages system serves as multiple functions such as punishment,contain,motivation and guidance.In addition,in this article,I have specifically analyzed the provisions of the punitive damages system in our country's existing laws,summarized the changes in the content between the old and new clauses,and found some uncertainof the current legal provisions contain punitive damages.For example,in the dispute over housing sales and purchase contracts,whether the buyer can be regarded as a problem of the consumer determines whether the triple compensation in the “Consumer Law” can be applied.Because there is no specific legal provision or judicial interpretation,It has caused the judges' difficulties in applying the law,and there is a special law overheaded the general law,such as the conditions are diffrent for the application of punitive damages in the "Food Safety Law" and the new "Consumer Law," making the "Consumer Law" in this field was overrun.In addition,the article of laws and regulations are scattered.Although they can quickly adapt to the needs of economic and social development,the overall linkage between law and regulations is insufficient.It requires the continued improvement of the legislators in China,especially in the modern society where the law is increasingly valued.The compensation system still has a long way to go in the development and application of our country.