Research On The Punitive Damages Of Us Tort Law

The Punitive Damage System is a unique civil relief system in modern Common Law system; it has been generally adopted in the US tort law since 18th century. In the United States, Punitive damages are widely used in tort law. As a very important legal system, punitive damages play a very important part in the deterrence of vicious torts and anti-society activities. And under the reality, the research concerning punitive damages includes necessarily main questions as following:(1) what is the punitive damage; (2) why do we need punitive damages; (3) what kinds of conducts should be awarded punitive damages; (4) whether the quantum of punitive damages is appropriate.The article researches the punitive damages system above basic questions, which is divided into five chapters:Chapter one is mainly concerned with some general observations. This part introduces the definition, the core characters, the objectives and functions of punitive damages. And also make difference among punitive damages, restitutionary damages and aggravated damages to analyze the nature of punitive damages. This gains a fundamental platform of further research.Chapter two is mainly concerned with value objectives and social functions of the punitive damage system. The main functions of punitive damages are punishment and deterrence. This dissertation analyzes the rationalities of Punitive Damages from the point of Economics, the social functions of punitive damages are proved by the economic concept "the cost and income of behavior".Chapter three mainly observes the history of punitive damages. This part reviews the origin and development of the punitive damage system in the US tort law, also introduces the controversy the end of the nineteenth and the reform at 1980s. After the reform, relevant legislation and judicature of America have begun to restrain the application of punitive damages by some measures.Chapter four mainly describes a model of the punitive damages in the US Tort Law. As the most important part of this paper, this chapter observes the components of the punitive damages, and point out whether the quantum of punitive damages is appropriate.Chapter five is the last part of this paper which is aimed at some practical problems in China. This part stresses the importance of establishing the punitive damage system in China. Then, the author has endeavored to propose her thoughts in this paper with a view to providing concrete suggestions for the consummate legislation of the system of punitive damages in the civil code of China.