Research On Building Up Scientifically Chinese Punitive Damages System

The punitive damages system is one corresponding with compensatory damages system. It was originated in the common law countries. But it has been producing some effect on the civil law countries, and also affected China. This article discusses the author's opinion in five sections.Partâ… :The basic theories of punitive damages system. Punitive damages are often requested by a plaintiff in a lawsuit against the defendant for his misconduct, and are awarded with an amount beyond the plaintiff's actual loss. The punitive damages system has unique features compare to the compensatory damages system, making up the shortage of the compensatory damages system, diversity of the objects and the functions, the necessary element of the willfulness, the indeterminacy of compensatory amount. The relationships between punitive damages and compensatory damages, administrative financial penalty, criminal fine and mentally compensatory damages are very complex. This article holds that punitive damages in nature is a private responsibility, its goal is the real pursuit of justice. It's legal value including order, equal, safe and so on. The system serves the functions compensation, sanction, prevention, order. Partâ…¡: The history of punitive damages. The first inkling of this system had come into being originally for more than 200 years in Britain, and was applied frequently in American. But even in American, there are many disagreements about the system. However, the punitive damages system not only didn't disappear, but also has widely effects on the civil law countries, such as the mainland and Taiwan of China.Partâ…¢: The necessity and feasibility to enlarge the range of appliance of the punitive damages system. This part demonstrated punitive damages from the need to improve the market economy, consumer protection and compensation for the lack of relief, also from the theory and practice, having perfected our punitive damages system's necessity and feasibility.Partâ…£: The development of our country punitive damages system and the related to assessment of punitive damages relevance currently in effect analyze, finding out the defects paying for aspect such as number and punitive reparation system applicability's to the person in the field of the subject and, subjectivity.Partâ…¤: How to perfect our punitive damages system. If punitive damages system applies to the contract field, have always all disputes. The author believes that the punitive damages leads into unsuitably in contract field, according to the different characteristic from contract field to tort field, and negative part that the punitive damages produces in process suitable for use to inspect with the effect. The punitive damages applies to strict condition in tort field, it demands the four facts to have illegal activities, damages, the causal relationship, subjectivity between illegal activities and damages fact. Especially subjectivity should be to compose important condition with deliberately or significant fault intentionally. In determining the amount of compensation, a certain limit should be set on the basis of comprehensive consideration of the defendant's property, the defendant subjective malignant degree, the size of actual damages, other punitive measures such as the use of various determined after comprehensive consideration. Finally, the author brings forward his suggestions to punitive damages system in civil code article formulation being developed.