Research On Punitive Damages

Of all the legal regulations existing in common law system, few have attracted as much concern as the important concept of punitive damages, which has led to disagreement about both the theoretical justifications and practical outcomes. In recent years, with the great developments of related legislative and judicial activities in China, the system of punitive damages becomes one of the hot topics in our civil research. By way of comparative study, the author analyses it comprehensively, and then puts forward suggestions of framing and perfecting it in Chinese Law System.This dissertation is composed of five chapters, the preface and the conclusion.Preface is about the intention of the author to write this thesis.Chapter one focuses on the origin of punitive damages in ancient law at first, then discusses the development and reform of punitive damages in common law system. Finally it analyses the attitude towards punitive damages in civil law system.Chapter two presents the definition and nature of punitive damages, and then criticizes the idea that punitive damages blur the line between public and private law.Chapter three analyses four functions of punitive damages.Chapter four firstly reviews the applicatory scope of punitive damages in different countries, secondly analyses the constitutive requirements and uncertainty of the award of punitive damages. Also it discusses several issues concerning the application of punitive damages.Chapter five analyses the regulation of punitive damages in Chinese Law System, and then puts forward suggestions of perfecting it in China.Conclusion summaries views of the author.