Punitive Damages

Punitive damages is the damages that injures give the victims when injures violate the victims, but the amount of the damages is more than the victims'losses, the aim is to punish injures and won't to do the same behavior. There are a lot of the rules about punitive damages in the national customary laws and states laws. However, barely a few of scholars studied them. The characters of the punitive damages in the national customary laws and states laws are different, so the meanings have diversity. For the national customary laws, the significances of this thesis are:the first is to broaden the study's views, comb the rules about punitive damages in the national customary laws; the second is to resolve the conflicts between the rules about punitive damages in the national customary laws and state laws, which benefit to the nation's steady and harmonious development. For state laws, the significances of this thesis are:the first is to ensure the public's basis rights, contain large-scale infringement events; the second is to improve the competitiveness of enterprises, to promote the healthy development of the national economy; the third is to provide the reference in the future of the legislation of our country.This thesis uses ways of comparative analysis including historical analysis way, economic analysis way, objective analysis way and other ways, the main use are historical analysis way, comparative analysis way. For historical analysis way, through the history's materials, we can learn the development the rules about punitive damages in the national customary laws, analyse the reasons and study how to coordinate the national customary laws and national laws. For the comparative analysis way, we can get many the beneficial references from the punitive damages in the other states'laws.The punitive damage is the thesis's research core, and it explores the different development tracks and main issues of punitive damages in the national customary laws and states laws. In the national customary laws, the punitive damages always are from history rules and influenced by the political factor, economical factor, religious factor, culture factor and so on, and it plays a positive role to the national stability and development and there is a conflict to the state laws in modern society. In the state laws, the punitive damages is influenced by the modern state of Anglo-American law system, it is to crack down on the integrity of business activities, curb illegal violations, the legislation of our country to take punitive damages is a cautious attitude, its scope and objects are very narrow, applicable condition also is very strict, have larger development space.