Study On The Application Of Punitive Compensation In Mass Tort

The occurrence of large-scale infringement cases has been common in our country.The impact and damage brought to society and the general public are very large.This paper proposes that large-scale infringement be regulated as a special type of infringement in the tort law,and then the traditional tort law.Breakthroughs,the introduction of the concept of punitive damages,trials combined with large-scale infringements,to improve the compensation mechanism for the majority of victims,to give the victims the greatest protection in mass tort.Through the introduction and analysis of foreign related systems,we have proposed better suggestions for the establishment of a punitive compensation system for large-scale infringement in China.The full text is divided into four parts.The first part describes the basic theory of punitive damages for large-scale infringement.First define the large-scale infringement,from the definition,nature and particularity to a specific analysis of large-scale infringement.Then it elicited the abstract function of punitive damages and clarified that punitive damages themselves include punishment,compensation,and containment functions.Finally,it points out the necessity of applying punitive damages in large-scale infringement in our country,pointing out the advantages of applying punitive damages in large-scale infringement cases from two aspects.The second part puts forward the problems existing in China's traditional tort law compensation system in dealing with large-scale infringement.Divided into two aspects,the first aspect analyzes how the principle of filling the traditional tort law compensation system is reflected in the provisions of China's tort law,and what kind of drawbacks will exist when large-scale infringement is applied.The second aspect analyzes the existing punitive damages provisions in China's infringement law,sums up the scope of the application of punitive clauses,and points out that the scope of the large-scale infringement in China is now widespread,and the existing areas of punitive damages are applied.Far from being able to deal with the new dilemma China is now facing.The third part is the use of extraterritorial experience for reference.First,the Anglo-American legal system is relatively mature in the Anglo-American legal system,and the punitive compensation system also applies to a wide range.Therefore,the application of the system of punitive damages in large-scale infringement in the United Kingdom and the United States was first analyzed,and then Germany and Japan were analyzed.As for the punitive damage compensation system for large-scale infringement,the legal systems of Germany and Japan are better in the civil law system,and the punitive compensation system is not widely used.It is similar to our country's cautious attitude towards the punitive damages system.Finally,we get inspiration from the two major legal systems,from the amount of punitive damages and the subjective assessment of wrongdoers when applying punitive damages.The fourth part puts forward sound suggestions for the application of punitive damages in large-scale infringement in China.Firstly,the application range of punitive damages proposes that China should expand the scope of application of punitive damages.The key is to address the large-scale infringements in different fields in China.Then from the revelation of extraterritorial experience,it is proposed that the amount of punitive damages should be determined systematically and suggestions should be made to increase it appropriately.Finally,from the perspective of compensation,it proposes to construct a punitive compensation fund so that victims can receive timely relief.