The Applicable Scope Of Punitive Damages System In Tort Liability Law System

As one of the legal remedies, punitive damages are originated and well developed in the common law legal system. Since the "Law of People’s Republic of China on the protection of consumer rights and interests" provides "double compensation", the punitive damages has become an important subject in the study of our civil law.Heated debates were through out the process of enacting the "Law of Torts of People’s Republic of China" and there were contradicted points of view on the necessity of adopting punitive damages in the legislation. The debate came to an end after the promulgation of "Law of Torts of People’s Republic of China" and "Food Safety Law of People’s Republic of China" where the notion of punitive damages have been expressly adopted.This paper consists of two parts based upon the enactment and promulgation of the "Torts Law of People’s Republic of China." Part I comprises of the introduction to the punitive damages under common law and the discussion on the necessity of codifying punitive damages in China. Part II focuses on the application and improvement of the rule of punitive damages in China. As the wheels of history keeps rolling on and the social practice is at the state of flux, more and more rules of punitive damages have been established in the legislation of China. Meanwhile, we must confront several issues which include whether the punitive damages conform to the legislative purpose and goal; whether the rule of punitive damages overcame the practical examination and what is the tendency for the development of the punitive damages rule under China’s Torts Law? These issues are new subjects and topics in our study.Law is intended to adjust social relationship and is the necessary rule to maintain social stability, resolve contradictions and fulfill social justice. Punitive damages have been already established in our legislation. However, with the recent social practices, further deliberation on punitive damages appears to be necessary, especially when a great number of social conflicts concerning food safety, mass torts, environmental torts, product liability, or medical malpractice etc. have emerged.By stating the prominent social prblems in china, this paper use the experience of the common law and analyzing the foundation、fuction and application of the punitive damages. Pointing out the major defect of the present legal system,this paper advocate to enlarge the application scope of punitive damages and analyze the constitutive requirements、scope of compensation of punitive damages and put forward the opinions on feasibility of the subject.