Punitive Damages Research

The punitive damage system, which is opposed to the compensatory damage system, is one of controversial legal systems. As a sort of damage system, it always exists in common law and produces some effect on the civil law. The thesis is purported to discuss the existence basis, development reasons and fields of its functions of punitive damage in the following four parts.Part I . By analyzing the relevant contents of punitive damage in the ancient & modern law and foreign & domestic law, the author introduces the general theories of punitive damage in this part. Though the idea of punitive damage existed in the ancient law, the punitive damage system was established in 1700's. Then, it was introduced to other countries in common law and was developed in these countries. And punitive damage system started to effect the legislation in civil law. There were deeply social and law basis to exist and develop when the system is always controversy. The author thinks that the tendency of modem legislation is to protect the weaker. And the punitive damage system doesn't perplex the division of the public and private law, it remains a sort of civil legal system, too.Part II. The author analyzes the legal values and functions of the punitive damage system in this part. The legal values of freedom, equality, order and efficiency interacts and reacts the real social justice. The functions of the system are retribution, punishment, prevention, safeguarding the peace and prompting of transactions.Part III. In this part, the author mainly introduces the conditions and the range of application of the said system. It includes four conditions such as illegal act, wrongs of willfulness, the actual damages and the link between the reasons and results. Of course, the wrongs ofwillfulness is emphasized. The system is mostly applied in the tort sector, and strictly and properly limited in the field of contract.Part IV. The author mostly concerns the analysis of the presentrelevant legal systems in our country and proposal about instituting the said system. The Article 49 of the Protection Act of Consumer's Interests and Rights marks the breakthrough of our legislation of civil liability. At the same time, the author suggests that our preparing Civil Institution should quote the punitive damage system and it also could be provided into the realm of intellectual property, product quality, the unfair competition and so on. Our whole law system can offer the uniform and peel regulation and protection.