Research On The Applicable Conditions Of Punitive Damages

Punitive liability as a useful supplement to fill in the liability for compensation,grafted the bridge between public law and private law.Through the research on the relevant laws and regulations in the economic law of the People’s Republic of China Consumer Protection Law,the Food Safety Law of the People’s Republic of China,the Product Quality Law of the People’s Republic of China,and the People’s Republic of China Electronic Commerce Law,And use comparative analysis method,literature review method,case study method,citation method and other research methods to solve the applicable conditions under which punitive damages can be applied.What are the applicable conditions for punitive damages and punitive damages?Different,as well as applicable subject disputes,subjective content disputes,and applicable feasibility disputes in the field of e-commerce law.When the content of intentional subjective elements is met,the perpetrators commit violations of the rights and interests of victims and the illegal and reprehensible behaviors are objective elements,with actual property losses and spiritual losses as the consequences of damage,and the wrongful acts and consequences of the perpetrators.Punitive damages can only be applied when the four elements of a causal relationship are established at the same time.Subjective requirements for punitive damages for breach of contract should be moderately restricted,that is,limited to malicious,fraudulent intentional and other special breach of contract,while encouraging the autonomy of the transaction guarantee,taking into account the interests of all parties;damages of punitive damages The consequences require the victim to suffer a real loss from the malicious breach of the unlawful operator.Even if the death of another person or serious damage to health is not caused,the punitive damages may be applied,and the punitive damages for infringement emphasize the damage caused by the death of others or serious damage to health.,including mental damage.The subjective conditions for applying punitive damages in the field of consumer protection should be limited to consumers,and professional claimants should be characterized as special purchasers rather than consumers.In the field of food and medicine,it is exceptionally recognized that occupational claimants meet the main conditions for the application of punitive damages,giving vocational claimants the right to claim punitive damages in certain circumstances in the field;occupational claims in non-food and pharmaceutical fields Excluded from the applicable subject conditions.The scope of application of punitive damages should be extended,and the system can be incorporated into the legal system structure in the field of e-commerce law.Through reasonable identification of fraud,reasonable judgment of food safety standards,identification of exemptions for labels,instructions,and responsibilities,and clarifying the specific conditions for punitive damages.