Study Of The System Of Punitive Damages In Tort Law

The system of Punitive Damages, as a kind of civil liability, is widely adopted in common law countries, but civil law countries take a cautious attitude to this. Most of the countries of civil law refuse to adopt this system in civil field. Our country is deeply influenced by civil law's legal tradition and lagal idea, so we have great controversies on whether we should adopt this system or not. In recent years, as Socio-economic development and the integration's trend of the two systems, the common law countries begin to reflect the system of Punitive Damages in order to consummate it. And the civil law countries start to probe into the system of Punitive Damages' adopting in civil liability field and have some successful instances. In fact, the legislation in our country has a breakthrough in the system of Punitive Damages. The 49 clause in the Consumer Protection law is widely considered as the embodiment of the system of Punitive Damages adopted in civil liability field.At present, in our country's tort relief system, the compensatory damage liability is the main style, but it has some obvious objections in compensating victim's loss and determenting the tort behaviors. In our countries tort law, it is necessary to establish the system of Punitive Damages in order to remedy the system of compensatory damage liability's insufficiency. Although the Consumer Protection law has prescribed the system of Punitive Damages, there are some matters in its application scope, application condition, compensation and the system can't play its role and its function. Based on this, the paper probes into the system of Punitive Damages and hope to send help in establishing the system of Punitive Damages in our country's tort law.Except for the introduction and conclusion, the paper can be divided into four parts:Chapter one: The historical evolution and general theory of the system of Punitive Damages in tort law. First of all, the paper introduces the historical development of the system of Punitive Damages in tort law. Based on it, the paper analyzes the meaning and characters of the system of Punitive Damages; and indicates that the system of Punitive Damages is monetary damages to the plaintiff except for the actual loss by civil procedure; and ascertains its aim that it is to punish the defendant's excessively violations. At the same time, the paper discusses the relationship between Punitive Damages and compensatory damages and mental damages.Chapter two: the academic base of the system of Punitive Damages in tort law. In this chapter, the paper firstly discribes the function of the system of Punitive Damages. Its function is compensation, punishment and deterrence. And then, the paper analyzes its legal value: justice, order and efficiency.Chapter three: the reasonable reality of establishing the system of Punitive Damages in our country's tort law. First of all, this part discusses the necessity of establishing the system of Punitive Damages in our country's tort law. The existing tort damages system, the economic development and the international exchanges ask for establishing the system of Punitive Damages in our country's tort law. This part also discusses the feasibility of establishing the system of Punitive Damages in our country's tort law. Good history, social infrastructure, the civil law's punishment idea and legislative precedent make establishing the system of Punitive Damages in our country's tort law operational reality.Chapter four: the establishing the system of Punitive Damages in our country's tort law. This part mainly discusses several important questions in the system of Punitive Damages, such as its application scope, application condition, compensation and finally makes recommendations that our country should establish the system of Punitive Damages in our country's tort law.