On The Perfection Of Punitive Compensation System In China

In the early 1990 s,China’s economy was still in its infancy,with no perfect market economy system and no supporting laws and regulations to regulate market behaviors.Some producers and business operators in order to increase the profit space,maximum at the product in order to replace defective items,even the production and sale of counterfeit goods,product quality problem is very outstanding,to combat the production and sale of fake and inferior commodities behavior,improve product quality,safeguard the legitimate rights and interests of consumers,on January 1,1994 implementation of article 49 of the consumer protection law stipulated the "return to compensate one" double compensation system,this is the first in our country law of punitive damages system,its more than the actual loss compensation,has obvious punitive.The punitive compensation system is through causes the subjective vicious strong illegal behavior to pay the victim to exceed the actual damage compensation amount,achieves punishes and restrains the illegal behavior person,reduces the illegal behavior to occur again the goal.Then in "contract law","the Supreme Court on commercial housing sales contract dispute cases to explain some issues of applicable law","the food safety law","the tort liability law","trademark law" and "civil code" also appeared the punitive compensation system,the system in our country in the legislation also in constant progress and improvement,but still exist some shortcomings and the insufficiency.Such as "gross negligence" and "deliberately" has also can blame the subjective factor of exclusion from the punitive compensation system,in order to "price" as the base of punitive damages,tort field is too strict with injury consequence,when determining the punitive compensation amount,no definite reference factors and so on,leading to the punitive compensation system in China is not only did not play the role of the punishment and containment,lead to a professional impact one’s use of punitive damages system profit phenomenon.Based on this,it is very important to analyze the current situation of the punitive compensation system in China and to improve the system by referring to the relevant systems in foreign countries.