On Punitive Damages

Punitive damages is the peculiar civil legal remedial system, and at thesame time is also one of the most controversial legal systems in theAnglo-American law system. However, it has the functions that compensatorydamages does not have, making it be in extensive judicial practice. We havenot established this system completely in law. But since " The GeneralPrinciples of the Civil Law " and " The Law on the Protection of CustomerRights and Interests " stipulated spiritual damages and double compensations,more and more scholars have been writing articles advocating establishingthe punitive damages system , However, we still have not complete andexcellent work. The author attempts to establish the system of our country'spunitive damages system, and puts forward his own views in 6 parts. In the first chapter, the author elaborates the definitions of the commonlaw system about it, then enumerates the major concepts that the theoreticalcircle of our country has about it , and points out its insufficiencies; inthe 3th section he gives his own views, thinking that "punitive damages" isthat the infringer and the person who breaks contracts ought to undertakeextra certain amounts of damages by court for breaking contracts or tortsout of gross negligence or intention after paying compensatory damages, soas to punish illegal and injuring behavior, deterring and restraining therepetition of such acts. By probing the true law of "punitive damages" at home and abroad in thehistory in the second chapter,, the author concludes that "exemplary damages"is the expression and record of history and realistic social relations , andis thus the outcome of social relations. In the realistic life , since thereare still phenomena of torts or contract-breakings by malice or grossnegligence , therefore establishing "punitive damages" is feasible. And theauthor also proves its feasibility in other ways. In the 2th section he thinksit is necessary to establish the system in four aspects ,for "vindictivedamages" is the legal guarantee of the realization of fairness, equivalenceand the principle of making compensation for equal value, the need to buildthe whole legal system and perfect civil responsibility legal system, theneed to meet the tendency of the day of protecting civil rights, and theneed of founding the sincere society and honest folkway. The 3th chaptermainly introduces the functions and the features of "punitive damages". Theauthor thinks the features of "exemplary damages" are punitiveness,subjective liability , legalness and dependence, and the functions of it arethe punishing and deterring function, the compensatory function ,therevenging function and the encouraging function , and so on .By comparingit with compensatory damages , this chapter elaborates its unique role andexistent value. The 4th chapter and the 5th chapter are the key parts of this paper.Theauthor firstly probes the conditions and scope of the common law system, andthen deals with the viewpoints that the theoretical circle of our countryhas about them and finally expresses his, thinking that the subjectiveconditions of it are intentional or gross negligence, and the scope is theacts of tort and contract-breakings, and analyses the problems of theeffective contract-breakings and penalty for breaking contracts. In the 5thchapter the author advances his own views about the scope and subjectiveconditions of the application of "punitive damages", and also his ownviewpoints concerning how to restrict its side effects and determine theamounts of it. In addition, the author points out the value of "punitivedamages", that is, chiefly to protect the weak The 6th chapter mainly clarifies the related problems that need to be solvedtheoretically in establishing "punitive damages" ,that is , whether it isagainst the fair, equal principle of the civil law , what the nature of itis , how the relation between it and spiritual da...