Optimising the Path and Rule of Spam Infringement Regulation: The Introduction of Punitive Damages

The large-scale, low-cost and hard-to-detect nature of spam infringement determines the need to use a combination of public and private law to regulate its management. The evaluation of its behaviors and the corresponding rights and remedies are also the result of the combined use of criminal, administrative and civil legal tools. Under the framework of collaborative governance, punitive damages are an effective legal tool to supplement the effective governance of spam infringement. The expansion trend, core function and controllable abuse of punitive damages provide institutional advantages for its application to spaminfringement. The amendment of the applicable conditions, the clarification of the principle of proof, the determination of the amount of compensation, the establishment of the punitive damages fund and the optimization of the rules such as group litigation system provide a guarantee for the punitive compensation system to be applicable to large-scale spam infringement.