On The Expansion Of The Scope Of Application Of Punitive Damages In Tort Law

In the traditional theory of civil law,the primary function of tort law is to fill the damage.It is precisely because punitive damages and the traditional civil law of the principle of this fill,resulting in its application of the law on a larger limit.However,due to the change of social communication,the traditional tort law based on accidental tort is lack of function in social governance,and the relative general tort is popular,but seldom regulated.By expanding the scope of application of punitive damages,we can better realize the system function of punitive damages,encourage citizens to exercise their rights,achieve social substantive justice and maintain social order.The emergence of universal tort is due to the development of modern society,which has changed the social basis of the occurrence of tort.The universality and high frequency of social communication make the tort no longer limited to the single or one-time damage to individuals,and the tort is more technical and hidden.Although this kind of tort is small to the violation of individual rights,the overall profit of the infringer is huge.This general tort is a kind of tort that needs more regulation.Since the first introduction of punitive damages system,although the scope of punitive damages is expanding,but the regulation of tort is still relatively small,unable to adapt to this social change.From the international point of view,although the civil law system as a whole refused to accept the punitive damages system,but in some legal provisions also provides the "punitive damages" nature of the content,while the United States punitive damages system has been more than 200 years,and after the reform of the 20 th century tort law movement,has formed a more perfect punitive damages norms and supporting systems,many systems and theories are worth learning.How to expand the scope of punitive damages to regulate this kind of general tort,we should consider not only the general subjective and objective elements,but also the calculation and distribution of punitive damages.In determining the amount,there are some unreasonable points in the system,such as not related to the degree of subjective viciousness of the infringer,and this kind of compensation can easily be internalized into operating costs.Based on the principle that "no one can profit from tort",we should deprive the infringer of all the proceeds from tort,so as to establish a punitive compensation fund system.Expanding the scope of punitive damages through this system can stimulate the enthusiasm of the right holders to safeguard their rights,achieve the socialization of law enforcement,and play a greater role in tort law containment.Encouraging private litigation is the premise of realizing the function of law,which is realized by the right holder through the right appeal,which is the beginning of realizing the function of law.Punitive damages,as a system affecting the future,can effectively reduce the damage to the risk society and publicize the social responsibility of the market players,which reflects the pursuit of social justice.