Study On Punitive Damages

Punitive damages, a legal system originated in common law countries, have beencriticized from all walks of life since its birth. These criticisms mainly revolve aroundthe nature and social effects of the punitive damages. Initially, the system has met theunanimous rejection of the civil law countries, but with the gradual development andperfection, together with the in-depth development of economic globalization,punitive damages system has been accepted and adopted by more and more countriesincluding the continental law system countries for its own unique characteristics ofthe punitive damages system, that is, with both its function of the maintenance ofprivate rights and the function of social and public interests. In other words, thesystem of punitive damages has highlighted in the development of modern society,and people increasingly have realized its advantages of solving some social problemsthan other law systems. Thus, the status of punitive damages system in the modernlegal system has increasingly been consolidated. The Consumer Protection Law ofour country is a precedent for the legislation and system of punitive damages isintroduced to our country for the first time. Subsequently, Series of regime figuresabout punitive damages have been reflected in article49of "Food Safety Law”,article8and9of "judicial interpretation of the sale of real estate on the trial”, andarticle47of the latest introduction of" Tort Liability Act” in2009. These series ofregulations about punitive damages have terminated the domestic disputes aboutwhether punitive damages are incorporated into our legal provisions. As has beenseen that punitive damages system itself has a lot of advantages, and the introductionof punitive damages system can contribute to solving some of the problems in the realworld and curbing some criminal violations. However, the establishment andapplication of punitive damages in our country have a long way to go. We also needto continue to learn lessons from the experience of other countries according to ourdomestic situation in order to have continuous development and improvement. Thus,it can play its due effect slowly and highlight its important role.In addition to the introduction and conclusion, the whole thesis is divided into four parts:First: overview of punitive damages. This part of the mainly analyzes theconcepts and historical origins of punitive damages system at home and abroad aswell as the nature and functions of punitive damages. Through the analysis of basictheories, we can have a more in-depth understanding punitive damages system, andthus have a clear comprehension of the necessity of the existing punitive damagessystem.Second: comment on the legality of punitive damages. This part mainlydiscusses controversy that exists on the punitive damages analysis at home andabroad. This part makes analysis of both the party’s views and reasons for opposingand holing positive attitude toward the system of punitive damages. Finally,combined with China’s actual conditions, the need for the introduction of the systemof punitive damages to our country will be demonstrated.Third: the analysis of the specific contents of punitive damages in our country.In this section, it starts from contents of the system of punitive damages in ourcountry and makes analysis of the system of punitive damages in terms of theconstituent elements of the system of punitive damages: given the amount of punitivedamages, legal principles, and the scope of application of punitive damages as well aspunitive damages amount.Fourth: current situation in legislation as well as recommendations in ourcountry’s system of punitive damages. Through the analysis of our legislation inseveral domestic laws on punitive damages, this part mainly discusses real situationof legislative practice in the current system of punitive damages, thus sums up theadvantages and disadvantages of the system of punitive damages in our country, andthen several suggestions to improve the system of punitive damages will be made inaccordance with our country’s actual condition.