Research On Punitive Damages

Punitive damages was originated from the legal precedents in the common law countries, such as Great Britain and USA. The applicability of this system has undergone changes during its developmental process. The punitive damages is increasingly criticized and disputed in the world. Punitive damages is one corresponding with compensative system, it has many functions such as punish, prevent illegal behaviors and encourage marketing trades. Recenty, this system has produced certain influences on continental law and has been used by our country for reference. 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.This paper is divided into four parts. The first part I review the development of punitive damages in history,introduce it appearance,course as well as reformatory trend and at the same time I tell the readers the attitude changes in civil law countries towards it. Therefore,the second part I draw a conclusion what is punitive damages,analyse its characteristics and functions,and compare with other related conceptions. The third part I make an analysis to its resonableness and necessity by methods of law and economic and legal sociology. So I arrive at a conclusion that the system is of possibility and feasibility. The fourth part by combining legislative practice in our country ,I introduce the application of the law of punitive damages in China and some problems which are caused by it. This part discusses how to determine the applicable conditions and forms of punitive damages in the fieid of Commercial act tort,in the field of Contract ,in the field of Product Responsibilities ,in the field of Environmental Infringment ,in the field of the Press Circles Tort and in the field of Insurability of Punitive Damages ,which also sum up the amount of punitive damages. The paper finally suggests that we can broaden application of the punitive damages in such areas,and at the same time it also offers legislative suggestions based on Chinese present situation and foreign legislative expperiences.