Research On The Liability Of Punitive Damages

As the market economy breeding, the citizens living level have improved very much. The deals among nature persons are becoming more and more frequent. The following interest conflict, such as intentional injury, quality of products and food safety problems, are increasingly aggravating. It has been have a strong impact on property interest and human health. Nowadays, the regulation on traditional compensatory damages cannot resolve the relevant problems and it cannot give the victim enough relief. To strength the authority of law and protect the victim’s legal rights, our country build the punitive damages system by absorbing the relevant legislation practice in common law system.However, the punitive damage system was questioned all the time because of its conflict with the doctrine of indemnity. From its origin and history evolution, I find the punitive damage didn’t vanish in the long history river but make some countries accept it by insisting itself. The formal regulation of the punitive damage don’t provide the basis for the construction of its built today. The punitive damage system show the tenacious vitality through long times hardship development,.What’s more, it stand still stability nowadays. Firstly, I talk about the basic theory of punitive damage. To be specific, I mainly discuss the concept, function and the character of the punitive damage system. Moreover, i analyze its status in legal liability. At last, i compare the punitive damage systems to make the reader have a comprehensive cognition of it.Secondly, i discuss the current legislation situation and chief flaws, i mainly talk about the application of punitive damage system from the ancient times to present. Moreover, i analyze the subjective requirement and objective requirement and summarize the current problems in punitive damage system.Thirdly, from the perspective of common law countries and continental law countries history evolution, i mainly talk about the origin and development process of the punitive damage system. I combine the punitive damage system and true life by cases perfectly.At last, by referring other countries punitive damage system growth process and combining China’s current legislation. I provide some suggestions to the built of our countries punitive damage system and i hope i can broad the relevant theory of our countries punitive damage system.