On The Punitive Damages System

The author began at demonstrating the basic theory of the system of punitive damages in the dissertation. Then the author analyzed the concept of punitive damages, the characteristics, functions and legal attribute of were concluded in the part simultaneously. In this dissertation, a macro-perspective was used to research the system of punitive damages, a comprehensive study of punitive damages regulations and it's distribution in different legal systems is discussed to know how the system of punitive damages is constructed and operated in real society, in this way , the author tried to demonstrate the connotation of punitive damages system.The equity of punitive damages is a significant theory problem of punitive damages system, as well as the key theory obstacle on the adoption of punitive damages system in the civil law countries. The dissertation demonstrated the equity and social value of punitive damages system through comparing and analyzing the main controversies of punitive damages.The negative aspects of the system of punitive damages in the academic field as well as in the practice was also discussed in the dissertation, the author held that the system of punitive damages should be discussed in a comprehensive way. It is held in the dissertation that the system of punitive damages, including the scope of liability requirements, the factors of liability, application procedures, the calculation of punitive damages is an organic system. The system should be constructed with connections and comprehensively. And the system should be regarded as an additional and exceptional role rather than a basic or universal role in the whole law system.Based on the above analysis, the author then discussed the practice and operating conditions of the system of punitive damages in China civil law system, and brought forward some suggestions on the development and improvement of our system of punitive damages to make an effort on China's socialist rule of law.