Studies On System Of Punitive Damages

Punitive damages system is a common-law system a special systems, while in civil law, we hardly find the shadow of this system. Therefore, our country has a civil law tradition method of this system also seemed a bit strange. In Anglo-American law on this system has played a significant role in the damages under the principle of the pursuit of damages to be filled, it highlights the law more just.There are consumer protection laws ,judicial interpretations to buy commercial housing ,food safety law and tort law in our existing law on the punitive damages .It also highlights the system of our country for the poor in the legislation. In theoretical research, there are also the same situation. An important part of the system as damages punitive damages, related simply on the general introduction. Thus, this system is more in-depth study is necessary.There are five Parts in this artiele,about 30000 words totally.Partâ… , The theoretical issue of the punitive damages. This section first discusses the concept of punitive damages and characteristics, followed by analysis with compensatory damages, moral damages, fines or penalties systems of relationships. Finally, the system of punitive damages, the premise of the theory of its nature and function are discussed discussed.Partâ…¡, The legitimacy of the system analysis to the punitive damages . That part of the historical, legal value, Law and Economics 3 point of view, analysis of punitive damages system as part of the civil liability system, the legitimacy of the system for support of this premise.Partâ…¢, The composition of punitive damages system . That part of the specific system includes the point of view of the composition of the punitive damages system, the scope of application, composition element, judging criteria and the determination of compensation and other issues.Partâ…£, China's existing law on the punitive damages related to the requirements and their assessments . That part of each of our consumer protection laws, judicial interpretations to buy commercial housing and food safety law on the punitive damages provisions are analyzed.Partâ…¤, The building of China's system of punitive damages. This section discusses the previous paper on the basis of our system of punitive damages to build recommendations. This section includes our treatment of punitive damages, the attitude of the system, our system of punitive damages as well as our legislative mode selection system for the theory of punitive damages constitute a recommendation, and therefore this part of the conclusions of this paper lies.