| The punitive compensation and the redemptive compensation are different,what stressed is to the defendant illegal act penalty and the deterrent,but non-pure atonement victim's loss。The system started only in the application of common law countries,but as two big legal systems'mutual influence and infiltration,the mainland legal system country have also emerged acceptance and application of punitive compensation in anticipation。At present,China's newly adopted"Tort Liability Act",formally established product in the form of clear areas of responsibility in the application of punitive compensation,but the intensity is not enough and wide in relation to the needs of society as a whole is narrow。This article attempts to analyse punitive compensation system theoretically,to better guide our design of the relevant legislation,better protection of individual and social interests。In this paper,the author uses historical analysis,comparative analysis of research methods to carry on the concrete explanation for the punitive compensation system,has been clear about anything is the punitive compensation,and conduct a legal analysis of punitive compensation,Against our country should be to how to build and improve the system put forward their own views。Besides the introduction and the conclusion,this article altogether divides into five parts,total 34939 characters。The first part is introduction。In this part,the author elaborate UK-US legal systems,civil law and our jurisprudence on the definition of the concept of punitive compensation。At the same time,in order to more clearly understand the system of punitive compensation,the author compares the punitive compensation with a similar number of civil liability methods。for example,compensatory compensation and compensation for moral damage in order to more clearly express the system of punitive compensation in the civil liability system positioning。The second part is the historical study of punitive compensation。In this part,trace the history of punitive compensation system development process,has explained the formulation and development of the ancient punitive compensation at home and abroad,has explained development of modern punitive compensation at home and abroad,Prospect the future of the system of punitive compensation Through combing from ancient to present,with a view to a clear development of the system of punitive compensation context,have a greater clarity to its understanding。The third part is punitive compensation nature analysis and function definition。In this part,the author has carried on the detailed analysis to the punitive compensation's nature,as well as the punitive compensation's concrete function has carried on the full explanation,and proposed own view regarding this。The fourth part is on the main system of punitive compensation structures。In this part,the author mainly take the American law as the basis,analyzes and explained that the punitive compensation system is suitable the condition specifically , including the punitive compensation's applicable scope,the constitution important document as well as the compensation amount's determination and so on。In the perspective of comparative law of punitive compensation under the main system of construction is studied in the hope to explore later in punitive compensation in China provide the basis for system design。The fifth part is our country's status of punitive compensation assessment and the improvement of the legislative proposals。In this part,The author introduces and analyses China's punitive compensation relating to the legislative status,including"Consumer Rights Protection Law","Food Act of Security"and"Tort Liability Act",and other relevant laws and regulations and judicial interpretation。In addition,the anthor is also envisaged for how to improve China's punitive compensation。...
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