On The Necessity And Feasibility Of Establishing Punitive Damages Or Vindictive Damages System In China

The purpose of writing this paper is to respond to the social expectations on a punitive damages system, helping to eliminate people's misgivings on the establishment of such a system and further stipulate the necessity as well as feasibility of building up this system. The article uses the comparative study method and economic analytical method to illustrate the features and advantages of punitive damages system based on the relations between each internal subjects of law and the relationship between law with other sciences.The preface of this paper describes the purpose of writing this article by the author and the methods he adopted.Apart from the preface and conclusion parts, this article is divided into six parts: in Part 1, the author analyzes the concept of punitive damages and articulates the nature of legal liabilities of punitive damages through analysis over the relevant perceptions. The Part 2 reviews the emergence and development situation of punitive damages system in certain countries and introduces the disputes arisen from this system in these countries. The survey of social factors in establishing such a system as well as understanding of the disputes that result from the emergence and development of this system in some countries will be of great illumination and reference value to establishing this system in China. The Part 3 analyzes the functionality of punitive damages system, namely, the punishing function, restraining function, compensation function, function...