The Recognition And Application Of Punitive Damages In The Field Of Tort

Corresponding with the system of compensatory damages, the system of punitive damages which originated from Anglo-American legal systems is theamount of compensation exceeded the actual loss payment to the victim. Because it is very significant for purifying social trends and maintaining social order, China's legislators accepted this system and wrote punitive damages system into the fields of contract and tort. In this article, I take the punitive damages in the field of tort as the research object and use historical analysis, economic analysis and comparative analysis to describe the recognition and application of punitive damages system in the field of tort in our country.The paper is divided into four parts. The first part describes the overview of the system of punitive damages. First of all, it introduces the meaning of punitive damages. Second, it introduces the functions of punitive damages. The system functions of punishing, containment and encouraging private to assist law enforcement. Finally, it clears the evolution of punitive damages in the Anglo-American legal systems and proves that this system has been still stepping with the times.The second part is the discussion of feasibility to lead the punitive damages into our country. To determine whether the punitive damages system could integrate into our tort law system, we should pay attention to the philosophical basis of law of both of them. Moreover, combining with changes in social infrastructure and law system, we also should treat tort law system as a dynamic system and considerate comprehensively the migration of punitive damages system.Part three describes the legislation of the system of punitive damages in our tort area and the assessment of expression. Writing this system into our "Tort Liability Act" is the result of legislation adapted to social reality, but it is pity to find out in "Tort Liability Act" the articles about punitive damages is too conservative and there still exist legislative gaps on standards of punitive damages. How to make up for these two issues, there are discussion in detail in the fourth section. Part four discusses the construction of punitive damages in tort law of our country, which is the most important part of this article. Punitive compensation system should be built specified in the general provisions of tort law. To make the design of punitive damages system which means to determine the scope of punitive damages, composition elements, the amount of compensation, we should draw on common law legislative experience and lessons, taking the achievement and prevents of abusing the function of punitive damages system as the highest guiding principle.