The Study On Punitive Damages

Punitive Damages is an important legal regulations existing in the Common Law System, and have great influence on Civil Law System. By way of comparative study and from the perspective of the origin and influence of Punitive Damages, the author analyses the concept, constitutive requirements, scope of application, range of damages, and foundation of theory. On the base of this analysis, the author then study regulation of Punitive Damages in Chinese Law System and Put forward suggestions of framing and perfecting it to help strengthen the judicial practice on it.The thesis is composed of six chapters except for the preface and the conclusion. They are as follows:Preface is about the main issues to be discussed in this thesis.Chapter one concerns on the origin and development of Punitive Damages at first then discusses the influence of Punitive Damages in Common Law on the related theory and regulation in Civil Law.Chapter two presents the concept and constitutive requirements of Punitive Damages.Chapter three firstly analyses the scope of application of Punitive Damages in the tort law and contract law, secondly, analyses the factor influencing the amount of Punitive Damages.Chapter four is about the legal foundation. Set about the function of Punitive Damages, and then approach the oriented value of it.Chapter five reviews the related regulations of Punitive damages in Chinese Law.Chapter six researches the significances on social and law system in China firstly, secondly puts forward suggestions of framing and perfecting Punitive Damages in China.Conclusion summaries views of the author.