Research On Punitive Damages

Punitive damages is an important common-law legal system, Officially originated from English common law. It has been followed by other countries belonging to the common law , especially in the United States which has been developing on a large scale. Our legislation has accepted the system to some extent. but, there have been a great number of disputes relating to supporting or objecting to it since Punitive damages exists. The article begins from the reasonableness of punitive damages, then develop the comparative study,explore the elements ,the scope, and the calculation of amount of the punitive damages .At last,some views and suggestions to improve our system are put forwarded.Based on the ideas above,the article is divided into three chapters.The first chapter is designed to debate the legal basis for punitive damages. Punitive damages are not groundless, there is a deep historical and practical foundation. It has unique punishment, Prevention and compensation functions, and these functions are not be replaced by the criminal and administrative liability. Punitive damages can make up for the compensatory damages , more responsive to the social standard of modern civil law. As a supplementary system of compensatory damages, they form a perfect civil liability system. In addition , Punitive damages have a strong social foundation in our country.The second chapter deals with the conditions, the scope ,the calculation of amount of imposing punitive damages ,and the coordination problems with the moral damage. the elements of the punitive damages responsibility should include the following: 1.the defendant has the subjective intention or gross negligence; 2.the defendant's act is evil, and seriously violate the social moral standards;3.the actual harm exist; 4. the elements have the causal link;5 .it will be needed to impose punitive damages. The system is widely used in tort fields including product liability, however, the exceptions include the following tort: the subjective violation due to general negligence; excessive self-defendence; the general tort with good motives; and the Victims with serious fault are generally not suitable for punitive damages. In the fields of contract, the system can restrictedly be applied with fraudulent, coercive contracts, and the contract which the two sides have unequal trading power or the parties has a special link. In determining the amount of payments, punitive damages and compensatory damages should maintain a certain ratio.However, in exceptional circumstances, the ratio can be changed and the higher amount of punitive damages may be applied to ,then the contain function play greatly. In determining the specific amount, we should give full consideration to a variety of factors, for example the defendant subjective viciousness. Punitive damages to the victims is not unjust enrichment, but embodies the spirit and requirements of the system. There are essential differences between the moral damage compensation and the punitive damages, such as the function, the scope of application, etc. They should be treated separately.Chapter III first give us the remarks of punitive damages which involve the current legislation and the judicial interpretations. Then debates the question if the system should be stipulated in the Civil Code or not. Finally, some views and suggestions to improve our system are put forward.The main thought about punitive damages stipulated in the China's Consumer Protection Law and the judicial interpretation is worth being approved on the whole, but there are many shortcomings. Though Punitive damages have the feature of the private and public law liability, however mainly belong to the private law liability , included in the Civil Code is not inappropriate,the punitive damages should be separately regulated in the area of tort and contract in the future civil code of china.