Research On Punitive Damages

Punitive damages play a significant role in legal system of compensation for tort in China, which is extremely meaningful to our economic, social development and people's lives. In this paper, the author from a broader perspective, made a study of the punitive damages. This paper consists of three parts, respectively are introduction, thesis, body and conclusion. The paper text is divided into four chapters.The main parts are as follows:The first chapter is about the basis for punitive damages theory. This chapter, based on the legislation, doctrine and judicial practice of punitive damages in common law and civil law, made a study on theoretical issues of punitive damages, by using of comparative analysis, historical analysis and other methods. This chapter mainly studied the concept, the characteristics of punitive damages and the relationship between punitive damages and other related legal systems. The concept of punitive damages in common law theory has undergone a period of confusion on punitive damages, by using a series of terms, including Punitory, Imaginary, Speculative Presumptive, Added Damages, until today, Punitive Damages or Exemplary Damages is stationary used, when the defendant caused damage to the plaintiff in a malicious, intentional, fraudulent, or laissez-faire manner, the plaintiff can obtain the addition damages excluding the actual damages (Actual Damages), the purpose is to punish the defendant, in order to prevent its repeat the implementation of its malicious behavior, and to provide warning to others and to protect of public safety; As to characteristics of punitive damages, the author summarized it as punitive, incidental and legal nature of the three characteristics; then the author made a comparative analysis on punitive damages and compensatory damages, mental damages, criminal fines, administrative fines and penalties for breach of contract payment, distinguished the links between them and the nature of differences, and further demonstrated the legal nature of punitive damages.The second chapter is about the value of punitive damages based on the scope and value basis. This chapter mainly discusses the meaning, content, basic categories, value structure of punitive damages, by means of analyzing the concept, the substance of punitive damages and the value principle of the punitive damages including the order value, fair value, equal value and efficiency value, then also discussed the value of punitive damages; The author made analysis on the legitimacy of punitive damages by using the theory of utilitarianism and retribution, and also discussed the reasonableness of damages disputes from the perspective of the theory of sociology of religion and economics. The author further demonstrated the value basis of the punitive damages by making a discussion of functions of the punitive damages including functions of punishment, compensation, deterrence and encouragement.The third chapter is about the punitive damages in major countries of two legal systems and its implications. The first part of this chapter is the study of punitive damages in major countries of common law system, which conducted a comprehensive analysis on the development of punitive damages in Britain, systematically discussed , the challenged query, restrictions, the development process of punitive damages in Britain , and also made an analysis of the composition elements of punitive damages in Britain; Then the author studied on the punitive damages in United States, discussing a series of issues including the development of law, build path, components, determination the amount of compensation and dispute of punitive damages, and reform and practice of punitive damages in each State of U.S; Finally the author discussed punitive damages in Australia.The second part in this chapter is about the punitive damages in major countries of civil law system. The author made an analysis on the punitive damages in civil law system, by focusing on the legislation, doctrine, jurisprudence and recognition and enforcement of the ruling from courts in common law. German scholars and the courts in punitive damages mostly had negative attitude to the punitive damages; while the majority of Japanese academics and scholars are in favor of punitive damages, because they viewed that it will strengthen its sanctions function against Japanese tort liability. As to the recognition and enforcement of judgement of punitive damages by a court in common law system, Germany, Japan and Switzer don't refuse to recognition and enforcement of all judgments only due to these countries do not have a system of punitive damages, but to take a policy that trial differently and discriminately, recognition and enforcement with conditions.The third part of this chapter is about the implication of punitive damages under the two Legal systems. This part, based on the study of punitive damages in two legal systems, summed up the implications in the process of construction the punitive damages, including (1) punitive damages has been basically established in the world, which symbolized that the legitimacy and reasonableness of punitive damages has been widely recognized, and whether to abolish the system of punitive damages is not the main issue of today; (2) punitive damages system is portable, but should be combined with the actual situation for localization transformation; (3) East-West cultural differences on punitive damages have a significant impact; (4) legislative, judicial application of punitive damages should be cautious; (5) the value goal of punitive damages is to achieve real justice, and to safeguard the legitimate rights of the weak.The fourth chapter is about the legislative, judicial analysis and improvement of punitive damages in China. The first part of this chapter discussed punitive damages in Taiwan, China. Taiwan is a typical civil law legislative model, but successfully transplanted common law punitive damages regime in a wide range, and make it localization. The second part focused on analysis of the legislative status of punitive damages in China. China has determined the punitive damages in the "Consumer Protection Law," "Food Safety Law", "Tort Liability Act", and other laws, , but this system is not perfect. This part made an analysis on of legislation, application of the existing punitive damages, and discussed the significance of punitive damages in legislation and some issues arising from the system. The third part is about of the legislation improvements of punitive damages system in China. The author viewed that the Chinese legislative model of punitive damages, shall take the combination of unification and separation of the legislative model, which includes general provisions of punitive damages in the Civil Code and further specific provisions in each law department according to particularity and circumstances. China shall expand the application scope of punitive damages, for instance, punitive damages shall be introduced to environmental tort. The author made a discussion on issues such as China's punitive damages system elements, the amount of compensation and the compensation.