Research On Punitive Damages

Punitive Damages have been widely adopted by Anglo-American Legal System in civil cases, but Continental Legal System has always given a denial to Punitive Damages, based on the traditional theory about civil liability. Nevertheless, with the development of society and economic, and with the syncretic trend of two different Legal Systems, there have been different developing situations of Punitive Damages between Anglo-American Legal System and Continental Legal System. In America, Punitive Damages has been criticized and limited. But in some civil law countries, Punitive Damages has been admitted and adopted, such as Japan, Chinese Mainland and Taiwan Province of China. On the other hand, there has been an upsurge of doing research on Punitive Damages in our country again during these several years because of the drafting of Civil Law Code in China. The research on Punitive Damages is mainly a theoretic problem, so finding the rationalities of Punitive Damages and affirming its merits are the emphasis and purpose of this dissertation. In order to accomplish this purpose, this dissertation analyzes the rationalities of Punitive Damages from three different points of view, based on the introduction of the history and development of this system. At first, from the point of Jurisprudence, Punitive Damages have three kinds of social function, such as retribution, punishment and deterrence, and the justice needed by the human beings is the merits of Punitive Damages System. Secondly, from the point of Economics, the social functions of Punitive Damages are proved by the economic concept "the cost and income of behavior". On the one hand, Punitive Damages can prevent the infractions in advance just by improving the cost of potential infractions; on the other hand, Punitive Damages can spirit up the civil actions and then enhance the deterrent function of law by improving the income of victims. At last, from the point of History, the rationality of Punitive Damages, which is the requirement of society, can be proved by the historical development of Civil Law. At the same time, the criticism of traditional theories of Continental Legal System and the analysis of limitation of Compensatory Damages are helpful for proving the rationalities of Punitive Damages.Besides the rationalities of this system, we also can find the academic reasons in Tort Law and Contract Law, which can be used to prove that Punitive Damages should be adopted. Firstly, the development of Tort Law can prove that Punitive Damages System is the requirement of deterrent function of Tort Law. Secondly, in Contract Law, the rules of good-faith and justice are the academic elements of the application of Punitive Damages. This dissertation also analyzes the relationships between Punitive Damages and some other related systems, such as Compensatory Damages, non-pecuniary loss, penalty and criminal fine. These analyses are helpful for us to understand the Punitive Damages System deeply and correctly. And then, this dissertation also reviews the legislation of Punitive Damages in our country and suggests that the legislation should widen the application of Punitive Damages in Tour Law but limit the application in Contract Law.Certainly, there are still some defects of Punitive Damages System, and its application will also bring some negative effects to the society. But since we have found the rationalities of Punitive Damages, the only thing that we should do is thinking how to design and perfect this system, and how to exert its positive functions, but not to negate it completely.