A Study On Punitive Damages

"Punitive Damages"is an important legal regulation existing in the Common Law System, and has great influence on Civil Law System. By way of comparative study and from the perspective of the origin and influence of Punitive Damages, the author analyses the concept, origin and development, characters and function, and constitutive requirements of the theory. On the base of this analysis, the author then study regulations of Punitive Damages in Chinese Law System and Put forward suggestions of framing and perfecting it to help strengthen the judicial practice on it. The dissertation is composed of five chapters except for the introduction and the conclusion. They are follows: Introduction is about the main issues to be discussed in this dissertation. Chapter 1 concerns on the conception and the origin and development of Punitive Damages. Firstly this chapter introduces the definition of Punitive Damages in common law system and the comment on Punitive Damages in Chinese scholars'perspective. Based on the introduction of Punitive Damages, the author provides own opinion and concludes the developed track from ancient to modern of Punitive Damages after the analysis on related conception of Punitive Damages. Chapter 2 presents the characters and function of Punitive Damages. Based on the analysis, this dissertation concludes that Punitive Damages have four characters including punitive, blameworthy, legal and pertaining character and four functions of punitive, deterrent, compensative and inspiring function. Chapter 3 firstly analyses the constitutive requirements of Punitive Damages, secondly, analyses the scope of application of Punitive Damages. The constitutive requirements of Punitive Damages include four aspects: subjective requirement, objective requirement, the damages resulted from illegal action and causality between action and damages. Chapter 4 reviews the related regulations of Punitive Damages in Chinese Law. This chapter mainly comments on some related legal regulations of Punitive Damages in detail. Chapter 5 puts forward suggestions of framing and perfecting Punitive Damages in China. From the perspective of our country, the author considers that the application scope of Punitive Damages on tort responsibility should include the cases of infringing other personality or property because of willful or gross negligence, assaulting or abuse others but not guilty, product responsibility. The conclusion of this dissertation summaries views of the author.