On Punitive Damages System

The punitive damages system has been adopted and utilized universally in British and American civil damages domain since established through precedent cases by Anglo-American Legal System, Continental Legal System has always expelled it, Insisting the traditional theory that the civil damage should be limited to the actual losses. However, with the development of social economy and the gradual sophistication of social life, various people's behaviors emerge now and then, such as intentional infringement of others'legal rights and interest, without any consideration of others'property or any safety. Therefore, under such condition, the traditional civil compensatory principle can not offer a complete and full help to the victims, many faults or shortcomings of traditional compensatory systems exposed, not meeting the social development. As a result, the punitive damages system has attracted great attention of each country's theoretical and practical field, because of its special civil helping functions.Beginning with its history and developing tendency, this article promulgated the punitive damages system's concept, features, essential elements and differences between other relating systems; This article analyzed the punitive damages system's theoretical foundation, value and social functions ,clarified some relating questions, and proved the system's rationality of existence and feasibility of implementation on this base; This article, after analyzing and reviewing China's existing legislation about the punitive damages system, explored its suitable scope and condition, and advised beneficially on how to make sure the punitive damages amount in the judicial practice.