On The Punitive Damages System In Our Civil Law

Article 49 of consumer protection law in 1994 is the first time to establish punitive damages system in China.The civil code,which has been implemented since this year,also makes it clear that the infringed person can apply punitive damages to the malicious infringement of others' intellectual property rights.In the past 20 years since the establishment of punitive damages system,many problems have emerged one after another.Punitive damages system has always been one of the most controversial topics in the law,whether within or outside the region.The research and Discussion on the history,nature,function,elements and extraterritorial issues of punitive damages system has never been interrupted from whether the system should be localized to how to apply in a certain field.Due to the urgent need to solve some social problems,the punitive damages system can be applied in the specific situation of the contract field or the extremely limited state of infringement in our country.Whether the punitive damages system should be introduced into the legislation of our country and whether it should be applied in a wide range of judicial practice,these issues have been hotly discussed.The reason why the academic debate about the punitive damages system continues is that the punitive damages system is regarded as a private law with the nature of public law.There are great differences in the types of cases applicable to the system between Britain and the United States.Even in different states in the United States where the applicable conditions of punitive damages system are very different.Through the investigation of the beneficial experience of the construction of foreign system,under the situation that China's specific national conditions,this paper puts forward some constructive suggestions for the localization of punitive damages system in China.This paper introduce this system from different aspects: the first part is the introduction about this system.The different attitudes and views of different scholars on the system,so as to reflect the theoretical and judicial practical significance of the punitive damages system.The second part is the theory mainly contains the punitive damages system.The third part,which mainly based on the judicial cases,analyzes the current situation of punitive damages system.Furthermore,judicial cases are introduced and analyzed,which shows that the same system is applicable,but the results of the cases are quite different,reflecting the problems and reasons in the application of punitive damages system in China.The fourth part summarizes the development process of punitive damages system in common law system and civil law system through the investigation and comparison of foreign laws,and draws lessons from foreign legislative and judicial practice experience,so as to provide reference for punitive damages system to be more suitable for China's localization development and solve more practical social problems.The fifth part,drawing on the beneficial experience of system construction,combining with social practice experience,conceives the improvement of punitive damages system from different levels.It includes revising the scope and conditions of application,enhancing the internal coordination of the system.Let the punitive damages system be more practical in judicial practice.