An Analysis On Punitive Compensation System

Punitive Compensation is an inherent part of the Anglo-American Law, which has a history of over 200 years. Anglo-American Law system has a clear prescription of Punitive Compensation System, which is now imposing more and more influence on the countries adopting Continental Law System, which maintains the priciples of homogeneous compensation .By way of Contrastive Analysis and Case analysis, this paper provides the readers with a general analysis of the definition, characteristics, functions and scope of application of Punitive Compensation. There are 4 chapters in this paper, which has more than 40,000 words.The preface of this paper mainly focuses on the purpose, significance and the research situations of Punitive Compensation in both Anglo-American law countries and continental law countries. In the first chapter, the author gives a historical description of Punitive Compensation system. From a comparative analysis between the history of west and east countries, and between Anglo-American Law system and Continental Law System, it draws at the conclusion that today's Punitive Compensation systems mainly originate from the Great Britain. And a further distinction will be conducted between different kinds of Punitive Compensation system.In the second chapter, the paper mainly focus on the analysis of Punitive Compensation systems from the perspective of legal theory. It gives a description of the definition, characteristics, functions and scope of application of Punitive Compensation, and draws at the conclusion that Punitive Compensation should adopt a rather narrow definition, including the functions of compensation, punishment, deterence, prevention and encouragement. And we should not only focus on whether it is public or private, but also other characteristics like economy law.Chapter three gives an analysis of Punitive Compensation system in China. It claims that Punitive Compensation system is highly necessary in our country, and take the "Law of Consumer Rights and Interests" for example, through analyzing the practice of legislation and judicature, this paper draws at several problems of it.According to the analysis above, chapter 4 gives a legislative view for improving Punitive Compensation system and broadening the application scope in our country. Finally, this paper draws at the conclusion that Punitive Compensation system can be introduced into the fields as "Product Quality Law", "Environmental Protection Law", "Medical Accidents Law" and "Intellectual Property Protection Law".