Study On The System Of Punitive Damages

The spirit of the law of punitive damages first appeared in the "code of hammurabi" in B.C,the code has a corresponding law shall be described. In modern times, punitive damages originated in Britain, in1763, British Hacklev. Money case, in the modern sense, the punitive damages system truly established, punitive damages in the UK also experienced a tortuous development, the development of the modern into change, become more forward, then the punitive damages system was introduced into the United States.In1784, in Genayv. Norris case, marks the punitive damages produced in the United States, swift and violent development, the system of punitive damages in the United States increasingly expanded the scope of legal application. In the world today, the most developed country is America punitive damages system,now it is an important system of the Anglo American law, the punitive damages should not be accepted by continental law system, but with the continuous communication and fusion of the two law systems, law scholars in continental law system of continuous research of punitive damages system in civil law degree, now start slowly accept the punitive compensation system, from the civil law international is not from theory or from the view of judicial practice, the civil law countries in the legal system of its own, and slowly put into the system of punitive damages, Slowly began to accept, for the system of punitive damages, there are all kinds of theories, they define the punitive compensation is differentIn1993, China’s "consumer protection law" was formally promulgated,which is a start, China law formally introduced in the system of punitive damages, punitive damages system of our country in constant progress, and social, economic development, from the "consumer protection law" promulgated to the introduction of the highest the people’s court hearing on the "sale of commercial housing contract dispute case applicable legal interpretation of several issues", then to "food safety law" and "tort liability law" promulgated, our system of punitive damages in constant development, but the Ministry has laws are inadequate, some laws issued but the punishment for offenders is little, some laws enacted, but law controversy on how to apply, at the same time as the opinions and ideas of the legislation, the deficiencies and shortcomings of China has promulgated the several punitive damages some common law.The punitive damages system of our country can draw lessons from the advanced experience of foreign countries, the system of punitive damages originated from the common law system, and the most developed the system of punitive damages in the world is USA, so we should learn from the Anglo American law system about the punitive damages in excellent legal system, to promote the development of China’s punitive damages, so that it can promote continuous development China’s punitive damages. In addition, it has emerged in China law, punitive damages is slightly insufficient, I also have some ideas and opinions, the scope of application of the law, the author considers that should introduce the punitive damages in the securities law and intellectual property law, to curb now some crime and is not conducive to innovation and development of behavior how to calculate the amount of punitive damages, as well as for the future of group incidents, the amount of compensation for punitive damages in the how to protect, how to prevent the consequences can not recover the occurrence of mass incidents,which I have some ideas.