Punitive Damages System

Punitive compensation system is one corresponding with compensative cinpensative system, it has many functions such as punish, prevent illegal behaviors and encourage marketing trades. It is damage compensation system adopted in Britain and American law, especially in American law and it is one of the disputed legal systems in Britain and American law. Recenty, this system has produced certain influences on continental law and has been used by our country for reference. This thesis has the foundation of punitive compensation system as its center, studies and explores the theoretical basis, scope of application, conception of punitive compensation system in our country. The whole thesis includes three sections:Section One:It mainly introduces and explores the general theory of punitive compensation system. Punitive compensation refers to that when the defendant goes anainst civil law regulations, the court judges that the plaintiff pays certain compensation which is higher than the practical loss. It has punitive, accessory* legal and other natures. Punitive compensation has certain connection with compensative compensation, it has the existence of the latter one as its premise. When determining the compensation sum, the above two will keep certain ratio relationship. Punitive compensation is different from fines in nature is also different from civil sanction measures, mental damage compensation, responsibility insurance and other relative civil legal systems. Punitive compensation system has a history of about more than 200 years, it is originated from Great Britain and is accepted by American as common law. This system is mainly used in America, though it is rather disputed, it has produced great influences on other civil law countries and continental law countries. In the mainland and Taiwan District of China, in the field of legal protection for consumer's rights and benefits, this system has\been adopted. Punitive compensation system is a system which has many different arguments in theory. Approvers expounds and proves its reasonable existence from its legal value and functions, rejecters think that system confuses the division of public law and private law, runs counter to the developing of modem divisionof civil law and criminal law the high and unlimited punitive compensation sum which the plaintiff gets is called illegal profits and it will lead to the abuse of suing right easily. The shortcomings of this system itself can make it fail to realize its purpose. In my opinion, punitive compensation system doesn't confuse division of public law and profit law, it is still a civil legal system. It is reasonable for the plaintiff to get high punitive compensation. The value aim in punitive compensation is to realize social materialism, embody concerns for individuals. Punitive compensation has punishing, preventing and encouraging marketing trades functions and among them it mainly emphasizes the punishment and prevention of the defendant.Section Two: It mainly analyses and studies the components and scope of application of punitive compensation. Punitive compensation has strict applying terms. It requires four terms: illegal behavior, damage fact, the cause-result relationship of the two factors, subjective deliberation. It mainly emphasizes the subjective deliberation of the defendant. Its purpose is to punish the viciously subjective behavior. In general, negligence doesn't apply punitive compensation. The determination of punitive compensation sum should have proper intimidation as its principle, take the property state, the subjective vicious extent and the practical damage into account. In the tort field, if it can fit the punitive compensation component terms, then it can use punitive compensation, but it is limited to use punitive compensation in contract field.Section Three: It mainly analyze the legislative and judicial practices and puts forwards the conception of punitive compensation of our country. In the protection law of consumers'rights and benefits of our country.the doubl...