Research On Punitive Damages System

The system of punitive damages is a law system that the court compensates the count more than the actuality.The system has the function that compensates victim,punish the destroyer and restrain contravention etc.. The system of punitive damages is a wide punitive damages system,it has the just rule and exert of the legislation and judicature,and it is developed and perfected in the years' judicature practice. Law of the people's Republic of China on the Protection of? Consumer Rights and Interests first mentioned the System of Punitive Damages at the hand of contract and ability in the 49th item,and then it was made sure in the 113th item of Contract Law of People Republic of China.But as a result of being short of theory congnizance, actual rule can't adequately exert its impact. In fact it can't come into being the anticipative effect. This article preliminary probing rationality , holding true confines and conditions of punitive damages and the short,hope to help reinforce the investgation of the Punitive Damages in our country. The whole paper can be divided into three sections. In the first section,The author mainly analysis the very basic topics of punitive damages system. Among these topics,the core topic is to analysis the rationality of punitive damages. In this section,The author first compare the different definitions of punitive damages. To define its definition as: defendant is charged to damages to plaintiff on punitive objection in addition to compensatory damages by the court.And then,by comparing compensatory with punitive damages,the author analysis the characters of punitive Damages and abstract it to punitive,additional and compensatory. Meanwhile the author also generalizes the functions of punitive damages. From three aspects which is in detail three major functions?(punitive, preventive and compensatory); the author expatiate the existing rationality of punitive damages. And the author open up the merits of punitive damages to society. In the end, the author introduce the budding prescript of punitive damages in both east and west ancient laws and the development of modern family of law in British and The States. In all, the first section is the academic basis of the paper which supplies the legislative authority.In the second section,the author mainly analysis? the liability domain?and applicability of punitive damages system. We should say it has few theoretical arguments in applying punitive damages in liability of tort. The key point is the various opinions of the possibility in applying punitive damages in liability for law of tort. At the beginning of this section, the author address this issue. By comparing liability for tort with liability for breach contract, the author get the conclusion?- the less application of punitive damages in liability for breach contract. The author points out that we must make sure the condtions of applying in the breach contract,otherwise,it would be easy confused by it.Secondly, the author rise up two exceptional cases which punitive damages can be applied in liability for breach contract. Thirdly,the author analysis the rationality of applying the punitive damages in products liability and hope that punitive damages can be finded in the products liability in the future.And the author talk about three questions concerning of the using of punitive damages in products liability. At last, the author analysis the component conditions for applying punitive damages to point out punitive damages has to comply with not only the general regulations of damages but also serious subjective defects, directly intent misdoings and regulated by law and part's objective. The author clarify the components of punitive damages and the feasibility of handling.?The third section is the keystone of the whole thesis. The author reviews mostly punitive damages system of China and propose the legislation of it. Which gives prominence to the combination of theory and practice. At the first beginning of this section, the author...