Research On The Punitive Compensation System

The punitive damages are the ways of civil commitment for the purpose to punish and deter wrongdoing. Early in human society, the punitive damages is a common phenomenon, early legislation in various countries also have related provisions. Agreed by the mainstream that modern sense of punitive damages originated in the United Kingdom, and had developed in United States of America. There are not the provisions of the punitive damages in continental legal system, the main reason is for the purpose of the punitive damages to punish and deter, whereas civil damages for the purpose to compensate against which basic ideology of civil liability. However, with the development of social economy, states contact with each other closer and closer, law within states mutually influence and infiltrate, and continental legal system has gradually started to accept and apply the punitive damages. At present, there are six provisions about the punitive damages. Law of torts adopted in 2009 at the first time use'punitive damages'. Thus it can be seen that the punitive damages have become an integral part of our law.Although our law on punitive damages have made specific provisions, but the current regulations to address the complexity of real life problems seems powerless. For example, the applicable conditions are not clear, narrow scope of application, etc., this paper attempts to solve these problems on the basis of punitive damages institutional theory, drawing on the successful experience of Britain and other countries, to make some sound recommendations.This article is divided into four parts:Part one, the basic theory of punitive damages. This section introduces the basic concept of punitive damages, and, describes the existence of punitive damages the legitimacy of the system, mainly by demonstrating the nature and relationship between the legal systems, the punitive damages as a Civil Liability Way, has its own legitimacy.Part two, the scope of punitive damages. This section, the author combed the relevant provisions of our current laws, on the basic of this,we found China's law on punitive damages was too narrow, insufficient to solve real life problems in the chaotic, but also Punitive system is not conducive to the realization of legislative purpose; Secondly, the analysis of reference of common law punitive damages on the basis of the provisions of the scope of proposed punitive damages should be appropriate to expand the scope of application in China.Part three, the applicable conditions of punitive damages. This section mainly introduces the applicable condition of punitive damages in the Anglo-American countries; Second, the analysis and description of the applicable conditions of punitive damages in our country, that is, the illegal behavior, subjective fault, the effects of damage and causality.Part four, the determination of the punitive damages. In this part,discript the dispute lies in the amount of punitive damages; followed by the analysis and presentation of the common law countries, and Taiwan region of China on the amount of punitive damages to determine the elements considered; finally come to China to determine punitive damages Amount of methods.