On China Should Not Be The Introduction Of Punitive Damages System

Punitive Damage originated in UK and developed & riched in America,and it has been inherited by every Common Law countries.But there has also been great contraversy as to the punitive damages system ,thus it has been one of the most argutive problems in American Law,especially during the middle of the 1980s,the reform of the punitive damages system was carried out in the United States to strictly restrict the application of punitive damages.In legislation,the punitive damages has been applied in our .In theory circle,nearly all of our scholors approve the punitive damages system and have written thesises one by one to transform it to other laws.According to the current situation of our punitive damages system,through directively analysing our system(that is the Article 49 of the )instead of discussing the theoretical basis of the punitive damages system superficially,I will come to the conclusion that the essence of the dilemma of Article 49 is that Common Law punitive damages system is not suitable to our country.This thesis is divided into three articles.Article One:Outline of the punitive damages system.This article is mainly about the meaning,origination in UK and America,development,current situation,applicable condition,theoretical basis and the problems & contraversy come out in the United States of the punitive damages system.Thus,I have formed a general outline of the Common Law punitive damages system and made clear the image of that system to provide the following comparison between our system and Common Law system with materials.Articles Two:The current situation of our punitive damages system and rationality analysis.At first,this article sorts out the current situationof research on our punitive damages system,and analyses the problems exist in our legislation and theoretical research from legislative and theoretical aspects.Then,taking Article 49 of for example,it analyses the flaws of our punitive damages system in legislative goal,applicable range and applicalbe means,meanwhile,analyses the dilemma of this system,such as the standard of consumer,whether compel is applicable to punitive damages and the problem of morality crisis,and finally concludes that our punitive system is not successful.This article has led to the analysis that it is not suitable to transform Common Law punitive damages system to our country by the means of fanning out from point to area.(That is to point out the problem of transforming punitive damages system from the unsuccess of Article 49 of our )Article Three.This article concludes that it is not suitable to introduce the punitive damages system to our country through analysing the reason of history,theory(division of public and private law,compensative damages legal tradition),case law,legislative power of the judge,free judging power,procedure(litigation fees)and social reality.