Punitive Damages Into Our System Of Civil Liability

Punitive damages, is also called as exemplar damages or vindictive damages, can be defined as money compensation which defendant pay to victim, that has exceeded the property damages. The system of punitive damages had been commonly established in common law system. But in civil law system punitive damages cannot be accepted, because in traditional civil theory, civil damages should be compensatory, not be punitive. Then should we apply punitive damages in our civil system? This article began from the conception and the history of punitive damages, then the reasonableness and necessity of this system, then discussed it's functions and conditions. From this, the writer raised the project of establishing the system of punitive damages in our civil law system.Punitive damages do not violate the spirit and essence of civil liability. More and more scholars have advocated that civil liability should have the function of punishment, although it's main function is the compensatory function. Punitive damages is the embodiment of its disciplinary functions. Punitive damages serves three functions: punishment, compensation and deterrence. The system of punitive damages is more conducive to the protection of civil rights as recognized by the Civil Code, is more conducive to the realization of real fairness. Therefore, establishing the system of punitive damages is necessary.Punitive damages cannot be used only when the defendant has malice or gross negligence in his mind. And punitive damages are exceptional in tort, since the general rule is that damages are given only to compensate for loss caused. Whether punitive damages can be applied in the field of contract, the scholars have different views. In common law system, punitive damages in the field of contract had been accepted and had accounted for a considerable proportion in practice.The section 49 of Chinese Consumer Protection Law has mentioned the system of punitive damages. It is the first time in China to accept this system. This is a major breakthrough in our traditional civil Theory. But in present it has not been able to fully display the function that the punitive damages should have. So we should establish and improve the system of punitive damages. First, we should introduce punitive damages in tort liability area, which is the traditional field of application of punitive damages. Second, punitive damages should be included in Civil Code of China. Thirdly, it should be clearly stipulated conditions and scope of punitive damages, the minimum amount of compensation. In short, we should learn from foreign experiences and construct the system of punitive damages suited to China's national conditions.