On punitive damages System of（惩罚性损害赔偿制度）

1、 On punitive damages System of Abstract punitive damages system, more than 200 years of history, which source the UK, a wide range of development in the United States, with the national legal systems to improve and enrich the punitive damages system has also been applied in civil law, the introducti

2、on of our new << Tort Liability Act >> into the system of punitive damages in product liability will this system of tort liability punitive damages system to protect victims, punish infringement has an extremely important role, The rapid economic development, social stability, the stabil

3、ity of the state has provided a guarantee. The Paper Keywords punitive damages regime infringement >> << Tort Liability Act First, punitive damages overview of the system (A definition of punitive damages The presence of broad and narrow definition of punitive damages, generalized by Wan

4、g Liming, as the representative of “punitive damages, also called exemplary damages or compensation retaliatory, refers to the amount of compensation made by the court beyond the actual amount of damage compensation, it has a loss of compensation suffered by the victim, punish and deter wrongful con

5、duct multiple functions such as “Bi narrow said Mr. Yang Dong, he said:” punitive damages in infringement cases, the court In addition to judgment against compensatory damages paid to the victim, but also the judgment against a compensation payment to victims, mainly used to punish and prevent infri

6、ngement and other persons to commit similar acts against the people “generalized punishment exemplary damages is easy to confuse the victims actual loss and received punitive damages, that is confusing generalized punitive damages and compensatory damages, so the paper argues that the use of narrow

7、sense, more prudent. (B punitive damages system in our countrys historical development Punitive damages system is a system of compensation corresponding to the system of compensatory damages, punitive damages system derived from English common law, after the common law countries also had a profound

8、impact on civil law countries successors. With the development of the times, our country provides for the first time in 1993, the Consumer Protection Law of the Peoples Republic of China >> << punitive damages system, and later << >> << Contract Law and the Supreme Peop

9、les Court proceedings on the real estate sales contracts disputes cases punitive system, also specified in the applicable laws Interpretation of Several Issues >> Now >> << Tort Liability Act enacted in punitive damages system which is written, so that not only marks the punitive d

10、amages system in China has been recognized, while expanding the scope of the system of punitive damages, to curb the occurrence of violations in the field of product. China is in a period of building socialism with Chinese characteristics, the rapid development of the market economy, intentional tor

11、t, malicious fraud, product quality, but off behavior have occurred, only relying on the traditional system of compensatory damages, it is difficult to play the victim relief role, and there is no effective curb infringement harm behavior from happening again, in order to better protect the rights o

12、f the victims, effectively prevent the occurrence of violations, better play the role of crime prevention. punitive damages system established in China is fully in line with Chinas national conditions. (C punitive damages system 1 penalty function << General Principles of the Civil Law in Chin

13、a >> protect citizens private rights, citizens legitimate rights and interests are infringed upon, the infringer shall bear the corresponding responsibility, and punitive damages system from the literal meaning of view is punitive, to prevent the corresponding infringement cases from happening

14、 again, our << Consumer Protection Law >> Article 49 of punitive damages, states that the “double compensation system China << >> Article 47 of the Tort Liability Act in also provides for punitive damages system through fraud to impose on the operators “Double Indemnity” and

15、still sells on the knowingly product defects, the persons responsible for the production of the provisions of punitive damages system, making it the penalty over unlawful expect that the economic gains, the increase in a certain sense against people to give up the possibility of an infringing played

16、 a deterrent role. punishment for just that purpose, to deter, to effectively prevent the occurrence of the wrongful act is the real purpose. 3. Compensation Punitive damages system also has a compensation function in addition to the punitive function, in addition to the victim compensatory damages

17、because of the wrongful act, punitive damages to compensate for the wrongdoing the loss suffered by victims, punitive damages system additional compensation for the victims loss by increasing the amount of compensation. 4. Incentive function Incentive function, also known as the implementation of th

18、e function of the law, punitive damages incentive victims filed a lawsuit, making it the de jure function to be fully realized in some cases, the victim filed weigh the use of legal weapons to protect their rights and interests the pros and cons of litigation costs, expenses and the cost of energy a

19、nd its expected compensation and give up the proceedings for the violations to go unchecked through the establishment of punitive damages system to mobilize people to actively participate in the proceedings, as well as the popularity of the law from to promote and contribute to strengthening the peo

20、ples legal awareness, awareness of rights. Seen, through the establishment of punitive damages system, beneficial to social stability, conducive to safeguard the legitimate rights and interests of the people, to curb the wrongful act occurred, effective crime prevention. Reposted elsewhere in the Re

21、search Papers Download Second, our punitive damages system status (A punitive damages system applicable range is too small, is not conducive to better protection of vulnerable groups of the legitimate rights and interests of Punitive damages system in our country is limited << Contract Law >

22、;>, >> << Consumer Protection Law >>, << Tort Liability Act, the provisions of its main product areas, so for a large number of violations only through compensatory damages to compensate, but the system of compensatory damages and can not play a very good role to curb crim

23、e, punishment of crime should therefore be appropriate reference in tort punitive damages system, to make up for the system of compensatory damages vacancies, from another point of view to protect the rights of the victims. punitive damages system is confined to the field of product then the acciden

24、t tortfeasor is not binding so contrary to the law of fair justice, while for other tort liability often the law only take the fault principle, from the compensation is limited to the loss of the victim. these losses simply did not play the role of severe punishment against tort liability, even tort

25、feasor again and again, and again to the implementation of infringement behavior. (Attributable to the principle of a single In China, the punitive damages system is mainly applied to acts of fraud and malicious breach does not apply to the negligence of a position of vulnerability, coercion and oth

26、er acts of nature does not provide for punitive damages, in some cases of infringement of a position of vulnerability, coercion, gross negligence victim is far greater than the damage caused by the field of contract breach, fraud consequences, its nature contrast worse, but China has overlooked this

27、 point, if only the punitive damages system is applicable to fraud behavior, malicious breach, then reduce the punishment to infringement cases of intent, gross negligence, stress, a position of vulnerability, while allowing the offenders behavior is not conducive to social stability. (C punitive da

28、mages system the amount of compensation is not clear In China << Consumer Protection Law >> the provisions of Article 49 of, ie “Double Indemnity” system. << >> Article 47 of the Tort Liability Act does not provide for the appropriate amount of compensation, which In judicial

29、 practice, give us a great deal of problems, such as punitive damages system how to apply, how to compensate for what proportion of compensation in the amount of compensation which part is which part of the compensation to the plaintiffs punitive damages are are no permissive to follow. Third, China

30、s punitive damages system (An expansion of the scope of application According to the relevant provisions of the explanation >> << Contract Law >>, << Consumer Protection Law >>, >> << Tort Liability Act and the Supreme Court << Application of Laws in t

31、he proceedings on the real estate sales contracts disputes , shows that Chinas punitive damages system only applies to products in the field. tort need to establish punitive damages system. Wang Liming, that punitive damages system is not applicable to tort liability rather than contractual obligati

32、ons abundance. This paper argues that the contract is the contract based on the interests and needs of the parties, and the liability for the contract by both parties prior agreement, no agreement applicable laws, tort liability compensation can not be agreed in advance by the victim against people,

33、 and with the field of contract compared to the extent of the harm caused by the tort, the victims loss, as well as the social impact is far greater than the area of ​​contract. no punitive damages in tort system, tort cost is not high, the past few years infringement cases common , has

34、called Chinas legislation on the drawbacks. (B expand imputation principle As described above, China is now the responsibility principle than a single system of compensatory damages alone can not compensate for the interests of victims, the victims are a very small chance of punitive damages in Angl

35、o-American countries, generally applicable punitive damages subjective element are the following: (1 intentionally, (2 defendants in bad faith or with a bad motive, (3 indifferent and does not respect the rights of others, (4 gross negligence of appropriate legislation should learn, through learn le

36、ssons, continue to improve our legal system it is necessary to expand the principle of attribution of punitive damages system, cover intentional tort of gross negligence, coercion, a position of vulnerability, increase punish corrupt violations (C punitive damages system the amount of compensation I

37、n the 1970s to the 1990s, the amount of compensation for punitive damages system in the United States continue to improve, the laws of the United States and does not specify the amount of compensation, some scholars recommended the abolition of this policy. Tort in China << method >> versa does not require the amount of compensation for punitive damages system build punitive damages syst