Study On The Punitive Compensation System Of Economic Law Liability

Punitive damages system,as an import of Anglo-American law system,on which academic and practical circles has a big controversy about the remaining waste,nature of the system or specific aspects such as applicable.Judges and scholars are used to apply the basic theory of traditional civil examines and thinking mode to fit this system.This leads to relatively lagging of its development in our country,and the effect of application is not ideal.However,the system is very effective in the Anglo-American law system,and it has been developed in China for nearly 25 years,and has cultivated the institutional soil and practical needs of its further development.Therefore,it is necessary to explore the system deeply to find out its unique advantages.Economic law responsibility is an important content to ensure the integrity of the economic law system.The academic circles have different views on the independence of the responsibility of economic law,the composition and classification of the responsibility of the economic law.Even many traditional views argue that economic law does not have independent legal liability or its legal liability is a comprehensive responsibility including administrative responsibility,civil liability and criminal liability.As the importance of social and public interests increasingly highlight,the rise of social theory of damage compensation,and the loss of punitive damages system society to fill the function such as mining,the author found that the punitive compensation system in the field of economic law,especially the maintenance of market economic order,is a powerful system advantage.Based on the above background,this article tries to justify the attribution of the economic law liability system of punitive damages,puts forward the general principles of punitive damages system applied in the field of economic law,and constructs the supporting system and specific application of the system.The full text includes three parts:introduction,text and conclusion.The main text includes the following parts:The first part is theoretical.Through the independence of the economic law responsibility,and the connotation of punitive damages system,the foundation of the legitimacy,function analysis and interpretation,the punitive compensation system is put forward with the economic law is a natural fit,and has the economic law attributes.The second part,the practice view.The status and existing problems of punitive damages system in China's legal system are analyzed.The main problems in legislation are the narrow application scope of the system,and the lack of relevant elements of the system.The system needs more reasonable provisions in terms of penalty amount.The establishment of punitive damages system is not in line with the social standard value of economic law in terms of compensation scope,litigation procedure and rationality of the amount,etc.The case was studied by sampling analysis method on the status of the system in the trial practice,and the existing problems were analyzed,such as the application of existing confusion and misunderstanding of civil liability and the liability of economic law system in the field of judicial practice,the judge applies the existing system of excessive caution phenomenon,practice is still more the trial of civil trial of punitive damages to the idea of economic law under the responsibility of the trial,with punitive damages liability of civil liability and economic cases easily lead to omissions,punitive damages and punitive force is not obvious,and so on.The third part is the reference.Select the punitive damages system is more mature the United States and China's Taiwan region were investigated on relevant cases and legislation situation analysis,in order to explore the mature system of the practical experience of the construction of punitive compensation system in our country is more suitable and effective mode.The fourth part,the system construction.This paper presents the punitive compensation system for expansion of the responsibility of economic law perspective,focus on two aspects of field examples of punitive damages in theory field limit,the punitive compensation system of economic law,the economic law from the perspective of punitive damages for general construction.On the establishment of punitive compensation fund system,punitive damages system of representative litigation group or the public interest litigation system construction of supporting system;from the people's jury system reform under the background of punitive damages in fact,from the perspective of the function of the punitive damages of reasonable definition of punitive damages,the burden of proof,to explain the specific application of the punitive compensation system from the perspective of economic law responsibility.