The Application Of The Punitive Damages System In The Tort Liability Part Of The Civil Code

Although the punitive damages system originated in the United Kingdom,matured in the United States,and is a product of the development of traditional common law law,it has played an indispensable role in the construction of rule of law in China in the new era through legal transplantation.This is different from the traditional framework of continental law theory and practice,where punitive damages were once considered an unconventional concept.However,with the changes in the social environment and the deepening of legal research,the dual boundary between public and private law has become blurred,and more and more civil law countries have also incorporated this system into their legislative scope and integrated it with existing legal provisions.Especially after the promulgation and implementation of China’s Civil Code,many discussions have been held around the punitive damages system,and remarkable results have been achieved,punitive damages have been guided by general provisions,and the application of the punitive damages system has been further deepened and improved.However,the legal provisions that have been formulated,especially the relevant provisions of the Tort Liability Series,still need to be more comprehensively explained and understood.The author believes that the unique charm of the punitive damages system lies in its deterrent function and punitive function,which can be integrated at the same time and reflected in the civil law system,expanding the scope of civil law regulation and improving the regulatory effect of civil law.Extraterritorial legislation and judicial practice have provided us with a lot of experience support for our research on punitive damages,and the development of punitive damages has not been smooth sailing,and has experienced many twists and turns,from the large-scale application in the embryonic period to the excessive restrictive application in the growth period,and then to the reasonable application in the mature period,and the punitive damages have gradually been standardized,institutionalized and systematized.The punitive damages system has its rationality and legitimacy.After punitive damages were introduced into China’s legislation,they collided with China’s legal environment and also created beautiful sparks.By outlining and analyzing the application of punitive damages in three different areas covered by the Tort Liability Part of the Civil Code,this paper deeply analyzes the characteristics of punitive damages in China,so as to better apply the system to judicial practice and maximize the effectiveness of punitive damages.The new provisions in the Tort Liability Part of the Civil Code allow punitive damages in the field of malicious infringement of the ecological environment,which is a legislative highlight,reflecting the green principles of the Civil Law,and also responding to the people’s requirements for green waters and green mountains;The continued implementation of the punitive damages system in the field of malicious infringement of intellectual property rights and product liability demonstrates the state’s confidence and determination to respect intellectual property rights and protect the safety of people’s lives and property.Punitive damages play an irreplaceable role in the field of infringement,and we must always adhere to them consistently.By comprehensively analyzing the theoretical dilemma of the application of punitive damages and exploring the causes of this dilemma,this paper puts forward several measures and suggestions that the author believes can further improve punitive damages,and strives to realize the innovation and development of the punitive damages system from both theoretical and practical aspects,so as to meet the requirements of China’s rule of law construction and economic construction.The author believes that in legal theory,we should not be bound by traditional civil law theory,and strive to closely combine the needs of the new era with the punitive damages system,and creatively apply the punitive damages system to the legal application of the Civil Code.