Research On Punitive Damages System In The Field Of Tort

Punitive damages has achieved outstanding results in the field of theoretical research and judicial practice from it's established to now, Before the Tort Liability Act issued, our country's attitude to punitive damages is very cautious, although individual legal provisions on punitive damages has been a slight expression, but it has not yet made clear. The issued of the Tort Liability Act can be said that the development of punitive damages in our country has entered a new era, but throughout the entire tort legislation, from the definition of the concept of punitive damages to the positioning of its functions, from The scope of punitive damages and application of clear criteria to the amount of the compensation, there is a certain amount of vulnerability and loss. The paper discusses the basis of theoretical of the punitive damages as the starting point, and learns from the advanced legislative and judicial experience, to hunt the compensation system of punitive damages, on the basis of analysis of the development and the legislative status of the punitive damages. The paper is divided into four parts:The first chapter is the part of basis theoretical for punitive damages, this chapter introduces the concept of punitive damages, the nature and function. This chapter gives a more clear and reasonable definition of punitive damages, identifying the responsibility for punitive damages is private responsibility in nature, discussing the punishment, deterrence and compensation functions in-depth.The second chapter discusses the necessity and feasibility of punitive damages. The existence of punitive damages is good for full realization of the function of tort law, it also improves the civil liability system and reduces the application of criminal and administrative penalties.The third chapter introduces the foreign legislative experience of punitive damages. This chapter gives the more representative country including the United Kingdom, United States, Canada and Australia as an example, introducing punitive damages system in scope, elements and the establishment of the amount of compensation and other aspects of provision of punitive damages in the four countries.The fourth chapter introduces the legislative status and perfection of punitive damages in our country.This part is the most important part of this paper, it proposes the expanding the scope of the subjective elements, rationalizing the subjective element and determining the amount of compensation and other perfect proposal, after analyzing the legislative situation and problems of punitive damages.