A Comparative Study Of Punitive Damages Between Usa And Germany And Its Enlightenment

Compared with the aim of compensation damages which is guided by the Continental Legal traditional full compensation principle, the aim of punitive damages is not compensate victims, but to punish person for his outrageous conducts, and to deter him and others alike from similar conduct in future. In other word, the goals of punitive damages are punishment and deterrence.This Article compares punitive damages in USA and Germany, and tries to analyze how punitive damages work under different social conditions. The experiential facts and theoretical achievement of USA and Germany can help us get in-depth and comprehensive understanding of objective rules of punitive damages. This article also draws lessons from experiences of USA and Germany, and exams the existing punitive damages in China, and then proposes corresponding suggestions to improve punitive damages in China.This article can be divided into 4 parts. Part one is the basic part which forms the foundation for the whole article. It compares the historical development and theoretical foundation between USA and Germany, and expounds the legal theory of punitive damages. In this part, author discusses the reasons why USA and Germany hold different attitude toward punitive damages. Part two exams the different applicable scope of punitive damages in USA and Germany. It discusses the functions and goals of punitive damages and summarizes the nature and features of applicable scope of punitive damages. Part three points out that the amount of punitive damages is the symbol that enables the society know the extent of reprehensibility and the extent of responsibility of the defendant. So the factors considered in deciding the amount of punitive damages are crucial. Then this part suggests what factors should be considered when deciding the amount of punitive damages. Part four concludes the enlightenment of USA and Germany, and uses it as mirror to exam the defects of punitive damages in China, and proposes corresponding perfecting suggestions.