Research On Punitive Compensation System For Mass Infringement

Since entering the 21st century,China has made great progress in economic development and science and technology,but at the same time there have been many problems.The frequent occurrence of large-scale infringement cases is one of the many problems.The numerous large-scale infringement cases have exposed the existing compensation compensation system in China in response to large-scale infringement cases:The compensatory compensation system cannot effectively curb the recurrence of large-scale infringement cases.This paper aims to introduce the definition,type and characteristics of large-scale infringement,and then points out the shortcomings of the compensatory compensation system in dealing with large-scale infringement cases.On this basis,the introduction of punitive damages system to solve large-scale infringement cases.This paper is divided into three parts:introduction,body and conclusion,and the text is divided into four chapters.The first part introduces the background,purpose and significance of the research on the punitive damages system of large-scale infringement.Through the description of the research status at home and abroad,it lays a theoretical foundation for the discussion of the punitive compensation system for large-scale infringement cases.The second part is divided into four chapters.The second chapter first defines the concept and nature of large-scale infringement,and then analyzes the different types of large-scale infringement cases in China to analyze large-scale infringement.There are many infringing entities,large-scale enterprises,large number of victims,wide area of victimization,homogeneity of infringement and complex damage compensation.The third chapter discusses the inevitability of applying the punitive damages system for large-scale infringements.Firstly,it introduces the origin and development of the punitive damages system,and then responds to the large-scale infringement from the limitations of the compensatory compensation system and the punitive damages system.Advantages These two aspects demonstrate the inevitability of introducing a punitive damages system to deal with large-scale infringement.The fourth chapter introduces the different punitive damages system and application of the civil law system and the Anglo-American legal system.Given the application of the punitive damages system for large-scale infringement,we should promote the localization and prudence of the use of the punishment-based compensation system.The fifth chapter introduces the current situation of the application of punitive damages system in China,and points out the problems existing in the application of the system.Then it puts forward the subjective requirements and perfection of determining the scope and conditions of application,determining the reasonable amount of compensation,and fully considering the perpetrators.Suggestions for the perfection of the punitive claim.