On The Punitive Damages System

The purpose of writing this paper is to respond to the social expectations on a punitive damages system, helping to eliminate people's misgivings on the establishment of such a system and further stipulate the necessity as well as feasibility of building up this system. The article uses the comparative study method and economic analytical method to illustrate the features and advantages of punitive damages system. The preface of this paper describes the purpose of writing this article by the author and the methods he adopted. Apart from the preface and conclusion parts, this article is divided into four parts: in Part 1, the author reviews the history and development of punitive damages system and analyzes the concept of punitive damages. The part 2 analyzes the constitute of Anglo-American legal systems and introduce the scope condition and amount of application. The part 3 introduce the function of the punitive damage and the author compare it with the existing system. The unique function of the punitive damage system is the reason of its surviving and establishing this system in China. The part 4 analyzes the environment of punitive damages and establishes the basic frame of it.