Punitive Damages System Is Applicable In Our Country

As a legal system study applied relatively more common in Common Law countries, Punitive Damages has garnered particular attention and dispute in China. Since our country has set the provisions about punitive damages in the consumer protection law, the academic study of punitive damaged has begun to increase, of which the mainstream ideas think should be regulated in civil code and the provisions of tort liability law. However, there was still disputes on how to exist specific provisions of punitive damage. The Tort Law introduced the formal concept of punitive damages for the first time, but the prescription is still obscure, thus it is worthy to study how to use the provisions of punitive damages appropriately in the judicial practice. In addition, it is essential to explain and improving the existing provisions, which need to continue to explore in the tort law judicial interpretation and civil code. Taking punitive damaged system in China as the research object, this paper expounds the recognition and application of punitive damages in our country with historical analysis, comparative analysis, the objective analysis, and economic analysis method.This paper is divided into four parts altogether. The first part combed the punitive damages development in our country; the punitive was antipathetic in the civil law country in the early begin, but the laws in our country prescribed it which is relatively scattered based on the social reality consideration; and then our academic circles began to research this system, finally it becomes that there are mental damage and punitive damages in our civil law area. With this development course, the suitable use of punitive damages begins to become a matter of the academic field concerns.The second part, seeing from the angle of historical evolution of punitive damages in common law system and civil law system, introduces the concept, characteristics, main purposes and functions, and the significance to our country of punitive damages system. But in the other hand, the history of all kinds of factors makes, also become the theoretical obstacles to the recognition and application of punitive damages in our country.The third part, with understanding of the connotation of punitive punitive system itself and present and the present situation that mental damages and punitive damages are both provided in our country, discusses scope and application conditions of punitive damages, based on the provisions of the Tort Law, the Consumer Protection Law, and the judicial interpretation to mental damage compensation of our country. Except the provisions of the tort law, punitive damages shall also apply in specific cases in the contract law field. In the tort law field, our country can consider to give appropriate limit to the mental damage compensation and expand the applicable scope of punitive damages, returning some punitive factors in the mental damage compensation to punitive damage system. It is properly that intentionality and gross negligence of the subjective state and illegal conduct as the applicable condition of punitive damages, but the damage result shall not be necessary applicable condition, to highlight the function of punishment and curb of the system.Tthe fourth part focused on how to determine the amount of the compensation with analysis of cases in the Common Law.China shall set up certain punitive damages of limits while maintaining flexibility, the specific case in judicial referee shall adhere when had sent the principle of fairly and effectively, can consider the factors include:lawlessness itself can blame sex, compensatory damages and other legal responsibility for punitive compensation liabilities influence, and illegal act's property status and court seat economic level of economic factors influence of punitive compensation. To this, in our country the legislative process and civil judicial interpretations of tort liability law is to be expected.