Study On The System Of Punitive Damages

The preface of this paper analyzes the concept of punitive damages,describes the purpose of writing this article by the author and the methods he adopted.The purpose of writing this paper is to respond to the social expectations on a punitive damages system,helping to eliminate people's misgivings on the establishment of such a system and further stipulate the necessity as well as feasibility of building up this system.The article uses the comparative study method and economic analytical method to illustrate the features and advantages of punitive damages system based on the relations between each internal subjects of law and the relationship between law with other sciences.Apart from the preface and conclusion parts,this article is divided into four parts:in Part 1,the author reviews the emergence and development situation of punitive damages system in certain countries and introduces the disputes arisen from this system in these countries.The survey of social factors in establishing such a system as well as understanding of the disputes that result from the emergence and development of this system in some countries will be of great illumination and reference value to establishing this system in China.The Part 2 analyzes the functionality of punitive damages system. the functionalitys of punitive damages system include the punishing function,restraining function,compensation function,function of encouraging protection of rights and encouraging transactions.Comparing with punitive amages,the expiation-oriented compensation may not possess these functions or such functions are weakened.Therefore,we say the unique functions of punitive damages system are the major proof for the existence of it and also the main reasons for the author to advocate establishment of punitive damages system in China.The Part 3 of the article makes further reasoning on the necessity and the feasibility of establishing punitive damages system in China.The author makes further reasoning on the necessity from the perspectives of changes in the infringement manner and limitations of expiation-oriented compensation.The author thinks the development of science and technology brings about the increase of infringement numbers as well as changes in infringement manner.It will be a connivance to the infringements and do harm to the justice if we continue to apply the expiation-oriented compensation system.It has become quite necessary to set up a punitive damages system.The author stipulates the feasibility of establishing a punitive damages system from the perspectives of legal traditions,successful practices of existing legislations and theoretical preparations,giving answers to the oppugns coming from the areas of theory and practice.In the Part 4,the author describes the author's idea and proposal over the punitive damages system in China in terms of applicable ranges, constitutional components(entity and procedures),compensation amount, etc.The conclusion part of the article further stresses the significance of setting up a punitive damages system,clearly reiterating the importance of accelerating the establishment of such a system in China and suggests expanding the applicable segments of the punitive damages system.