Study On Legal Problems Of The Syetem Of Pinitibe Damages

Punitive compensation system refers to the liability for damages that the tortfeasorneeds to undertake exceeded the amount of damages suffered by the actual victims, thereforeincreasing the punishment of the tortfeasor while compensating the victim damage.Thecompensation system that originated from British and American leagal system, on one hand,encourages the enforcement of the judiciary by paying large amount of damages, on theother hand, it plays the role to curb illegal ACTS through punishment.To a certain extent,make up for the deficiency of public power relief.For a long period in history, our countrymainly adopt the continental law system in the principle of damage, the real legislationspecified punitive compensation system is in the Tort Liability Act.This regulation is aninevitable result of the legislation meeting social development.It has important meaning tothe future of the judicial practice. However, we should be aware that punitive compensationsystem is still a "new system" in our country, with the development of the judicial practice,some problems have gradually exposed. For instance, we need to further clarify the scope ofapplication and applicable conditions.We also have to determine the standard of punitivedamages, the specific amount and factors to consider.Therefore, further study of this systemhas important theoretical and realistic significance to perfect the relevant theoreticalresearch and ensure the smooth progress of the judicial practice.This paper, employinghistorical research, comparative analysis and economic analysis methods, discussed thebasic theory of legal issues regarding punitive compensation system, studied and analyzedthe basic concepts, characteristics, reasons and conditions of punitive compensation system.As a liability for damage, this paper concluded and summarized the historical evolution ofthe legal system and the development trend of the punitive compensation system, analyzedthe punishment and containment function to infringe the illegal act and compensation andincentive function to the victim compensation.Through the summary, analysis the commonlaw system, civil law countries of punitive damages system in legislation, judicature andstatus of the development process, further demonstrated in the modern economic conditions,to establish and perfect the legal system of punitive compensation necessity and feasibility.On the basis of theoretical research, in view of our country " consumer protection law ", " food safety law "," tort liability law " and other relevant legislation punitive damagessystem, judicial interpretation is analyzed, according to the recent important case, analysis ofChina’s current legal problems, put forward to enlarge the application of punitive damagesclear range, compensation standard and applied relaxation subjective point of view, and tothe perfection of the relevant legislation and puts forward some opinions and suggestions.