Exploring The Application Of Punitive Damages In Chinese Tort Law

Punitive damages are a significant type of damages in the states of Anglo-American law system with a history of more than 200 years . With the development of times and legal theory ,the law systems of the continent and Anglo-American become more bridgeable. Punitive damages attract more interest world-widely. It is now much controversial and disputed in china. In our country ,the formulation of "Consumer Rights Protection method" in 1993 admitted the punitive damages formally ,which reflected our country have already started to accepted the punitive compensation system. In view of the fact that malice infringement behavior wildly digs, the relief for victims is slack, the cost of right protecting is high, new challenges that the consumer have to face after joining WTO, the author thinks the expansion of applying punitive compensation system is extremely essential.The paper altogether divides six parts ,respectively be the first part of introduction,the second part of tort law and punitive damages,the third part of the function and value of punitive damages in tort law,the fouth part of the applicable conditions of punitive damages in tort law,the fifth part of the applicable scope and procedual stipulations of punitive damages,the sixth part of conclusion.It is started in the second part by tracing the history of punitive damages and tort law.Besides the rationalities of this system, we also can find the academic reasons in Tort Law and Contract Law, which can be used to prove that Punitive Damages should be adopted. The development of Tort Law can prove that Punitive Damages System is the requirement of deterrent function of Tort Law. The auther thinks the reasons that tort law system adopted Punitive damages are not only the development of tort law ,also the historical choice.The third part firstly discusses the function of punitive damages :compensation function ,punishment function ,deterrence function and stimulance function ;secondly discusses the value of order ,freedom and equality . The fouth part considers that punitive damages have special advantages and merits in realizing social fairness ,covering civil damages more extensively and adapting to the trend of modern civil law. Most important of all, punitive damages will be great helpful for the administration of market and the shaping of a faithful society in China. To conclude ,there are the necessity and the feasibility of applying the punitive compensation system in tort law. And then this part explores the issue that how to apply punitive damages in our country. The condition for punitive damages include four aspects such as illegal act ,wrong of willfulness ,the actual damages and the link between the reasons and results. In the analysis above factor process ,the paper does not look like other same topics to make a superficial study,but a thorough excavation of the intrinsic relations between these constitution factor and punitive damages. The fifth part elaborates such general problems as the scope of amount of indemnification and procedural regulations of punitive compensation system.Certainly ,there are still some defects of punitive damages system ,and its application will also bring some negative effects to the society. But since we have found the rationalities of punitive damages ,the only thing that we should do is thinking how to design and perfect this system ,and how to exert its positive functions,but not to negate it completely.