I. Product liability
Where the products produced and sold by producers and sellers are defective, causing personal or property damage to consumers or other users, they may be required to pay punitive damages in addition to the actual losses.
Second, infringement of intellectual property rights.
Infringe on other people's intellectual property rights, such as patent rights, trademark rights, copyright, etc. If it is determined as intentional or malicious infringement, the infringer may be required to pay punitive damages in addition to compensating the actual losses of the infringed.
Third, protect consumers' rights and interests
In business activities, if there are acts of fraud, false propaganda, malicious breach of contract and other violations of consumers' rights and interests, in addition to compensating consumers for actual losses, they may also be required to pay punitive damages.
Fourth, anti-unfair competition.
In the market competition, if an enterprise takes unfair competition means such as false propaganda, commercial bribery and infringement of commercial secrets, and damages the legitimate rights and interests of other enterprises, it may be required to pay punitive damages in addition to the actual losses.
Verb (abbreviation of verb) environmental pollution
Enterprises or individuals that discharge pollutants in production and life and cause environmental pollution may be required to pay punitive damages to punish their illegal acts and warn others, in addition to assuming the responsibility of pollution control.
The intransitive verb intentionally infringes on the personal safety of others.
When the perpetrator intentionally infringes on the personal safety of others, causing serious consequences, in addition to criminal responsibility, he can also be required to pay punitive damages to make up for the loss of the victim and punish the perpetrator's bad behavior.
Seven, other circumstances clearly stipulated by laws and regulations.
In addition to the above six situations, Article 185 of the Civil Code of People's Republic of China (PRC) stipulates that if the actor's behavior conforms to the punitive damages stipulated by other laws and regulations, he shall also bear the punitive damages liability according to law.
To sum up, punitive damages are mainly applicable to product liability, intellectual property infringement, protection of consumers' rights and interests, anti-unfair competition, environmental pollution, intentional violation of others' personal safety and other circumstances clearly stipulated by laws and regulations. The common feature of these situations is that the behavior of the actor is illegal, intentional or malicious, and has caused serious damage consequences. The purpose of punitive damages is to punish the perpetrators, make up for the losses of the victims, and maintain social order, fairness and justice.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 185 stipulates:
Intentionally infringing upon the personal rights and interests of others and causing serious mental damage, the infringed person has the right to claim compensation for mental damage.
Law of the People's Republic of China on Protection of Consumer Rights and Interests
Article 55 provides that:
If an operator commits fraud in providing goods or services, it shall increase the compensation for the losses suffered by consumers as required, and the compensation amount shall be three times the price of the goods purchased by consumers or the cost of receiving services; If the amount of additional compensation is less than that of 500 yuan, it shall be 500 yuan. Where there are other provisions in the law, those provisions shall prevail.
People's Republic of China (PRC) Anti-unfair Competition Law
Article 17 stipulates:
Business operators who violate the provisions of this law and cause damage to others shall bear civil liability according to law. If the legitimate rights and interests of business operators are damaged by acts of unfair competition, they may bring a lawsuit to the people's court. The amount of compensation for operators who have suffered from unfair competition shall be determined according to the actual losses suffered by them due to infringement; If the actual loss is difficult to calculate, it shall be determined according to the interests obtained by the infringer due to infringement. If the business operator maliciously commits an act of infringing business secrets, and the circumstances are serious, the amount of compensation can be determined in accordance with the amount determined by the above method. The amount of compensation shall also include the reasonable expenses paid by the operator to stop the infringement. If an operator violates the provisions of this Law, and it is difficult to determine the actual losses suffered by the obligee and the benefits gained by the infringer due to the infringement, the people's court shall, according to the circumstances of the infringement, compensate the obligee for less than 5 million yuan.