Research On The State Punitive Damage Compensation

In the field of the state compensation, there are three compensation standards in the world, which are punitive damage, compensatory damage and appeasable damage. According to our State Compensation Law, China adopts the appeasable damage standard only, which influences gravely the purpose of the state compensation law. Most scholars boost the compensatory damage standard, but this article considers that our state compensation law should adopt not only the compensatory damage standard but also the punitive damage standard. This is the purport of this article.This article is divided into four parts:The first part is Definition of the State Punitive Damage Compensation. The writer defines the concept of the state punitive damage compensation firstly, and then clarifies the character of it, and compares the state punitive damage compensation with other concepts lastly.The second part is Study on the Legitimacy of the State Punitive Damage Compensation. This part discusses deeply the function, value, necessity and feasibility of the state punitive damage compensation. At last, the writer analyzes the opinions against the state punitive damage compensation.The third part is Introduce and Reference of the Foreign Experience. The writer analyzes the different attitude of the state punitive damage compensation between the civil law system and the common law system. There is no punitive damage in the civil-law-system countries, but the punitive damage is the unique system in the tort law of those common-law-system countries. And then, the writer indicates that sate compensation liability is the tort liability in the common law, in which the state compensation law is the part of the tort law, so the punitive damage in the tort law should be adopted for the state compensation liability. Lastly, the writer reviews the demonstration experience of the UK and USA.The forth part is Design of the State Punitive Damage Compensation in our Country. The writer discusses and designs the responsibility-pertaining principle, the liabilty subject and the calculation of the state punitive damage, and then gives some advice to the compensation recover system and the outlay system to insure the realization of the function and value of the state punitive damage compensation.