The Research On The System Of The Application Of The Punitive Damages In Our Country

Punitive damages, the punishment and deterrent characterristics of the criminal law introduced to the civil law,is aiming at punishing the wrongdoers and deterrenting the same or similar misconducts done by the offenders and the potential ones.Punitive damages is devoleping strongly in the controversy since it ermerged and has a profound impact on the civil law countries. In our country,there are some regulations of punitive damages which cann't satisfy the requirements of the society in the intensity of force and scope.This paper has the attempt to settle the following three problems with the methods of comparative analysis and historical analysis:firstly,the discrimination of the concept of the punitive damages;secondly,the discussion of the problems in the applicable conditions,scope and the calculation amounts of the damages;thirdly, recommendations to the improvement of the puntive damages. There are three parts in this paper:The first part is demonstrating its history and content to define the concept and its significance.The second part is commenting the regulations relating to the punitive damages in existing legislation such as "Consumer Protection Law","Food Security Law","Tort Liability Act"and has a compararison with the ones in other countries to resaolve the problems in the applicable condition,scope and the calculation of the damages.The third part is considering our current contions to improve the system of the punitive damages.