On Punitive Damages System

Researching on punitive damages system is influenced by legal tradition and legal sense of every country. For example, in common law legal family countries, people attach less importance to legal department division; in civil legal family countries, people were deeply constrained by civil law thought. It makes them rare of innovate thinking to recognize the legal attribute of punitive damages system. Punitive damages system is the most dispute legal system in western, which limits its application. So, researching on the theory of punitive damages system is having profound sense.Nature of legal liability is limiting or depriving liability subject's interests. For limited variety of the interests, law can't boundlessly develop excess liability forms. A kind of liability form can be used in kinds of law departments to adjust different social relationships, which shows different legal attributes.Punitive damages system is extensively carry out as a system of legal aid in common law legal family countries. During 17 to 18 century, punitive damages system was mainly used as punitive compensation for the damages of mental, which is a typical system of civil liability. Since the society coming into the socialization production after 19 century, the applying scopes of factors, punitive damages system was changed. Restricted for many factors, punitive damages system was less used as compensation for the damages of mental, while widely applied in the field of legal liability of product and competition. Punitive damages system has been established in Chinese consumer protection law. Extensively applied in the new field, punitive damages system has been become a kind of economic law liability, which is compensating for the specific civil subject and the whole social interests. Punitive damages system is provided with clear-out economic law attribute.