The Development Of Punitive Damages System In Tort Liability Of Our Country

The system of punitive damages originated from countries in the common law system.It was first developed in the United Kingdom,and then it was fully developed in the United States,the main purpose is to reduce the occurrence of infringment and protect the interests of the infringed.In the 1990 s,and then the punitive compensation system was also stipulated in the Tort Liability Law,Food Safety Law,Contract Law,Civil Code and other laws in China.Due to the influence of China’s legal environment,the application of punitive damages system needs to be further adapted.Under the background of the adoption of the Civil Code,this paper studies the application of punitive compensation system in the field of intellectual property,product liability environmental pollution and ecological damage.Through studying the legal provisions of punitive damages system in other countries and Taiwan region of China,and on the basis of drawing lessons from their successful experiences,this paper further improves the legal provisions of punitive damages system in China.This thesis is divided into four chapters:First chapter,the connotation of punitive damages system and system of damages in tort liability in our country make up,the essay discusses the necessity of:comb through and clear the basic theory of punitive damages system,analysis and discussion on function of tort liability law exist deficiencies as well as the function of punitive damages system,it is concluded that the punitive compensation system to be able to in the civil tort responsibility make up the necessity,play the role of punitive damages system risk in today’s society.The second chapter demonstrates the concrete embodiment of the punitive damages system in the Tort Liability Series of China.It discusses the punitive damages system from three different fields,namely intellectual property rights,product liability and environmental pollution and ecological damage.Analyze the function of the legal provisions of punitive damages system in the field of intellectual property rights,improve the relevant system concepts in the field of product liability,and make clear that when applying the system in the field of environmental pollution and ecological damage,the subjective and objective constitutive elements and “violation of legal provisions”are indispensable.The third chapter studies the legal provisions of extraterritorial tort law on punitive damages system,including the scope of application,conditions of application,amount of compensation and so on.On the basis of summarizing the experience of other countries and China’s Taiwan region on the punitive damages system,the general provisions of the punitive damages system are promoted in the Tort Liability Code,and the “gross negligence”behavior is excluded from the scope of the punitive damages system.The fourth chapter makes a legislative outlook on the application of punitive damages system:defining the subjective constitutive element of punitive damages system as “bad faith”,clarifying the conditions for the application of punitive damages system to determine the case as “serious circumstances”,and further improving the calculation method of punitive damages.On the basis of improving the punitive damages system in the Tort Liability Code,it is suggested to introduce the punitive damages system into the medical tort field and the mass tort field respectively.