Punitive Damages

Punitive damages, a legal system , originated from Common Law Legal Family, is always a topic of violent controversy .The doubt to punitive damages is not only on the rational of value but also on the practice of the system.The system of punitive damages is created by political and judicial system of Common Law, to a certain degree, not just by the measure of making law .The rational of the system can not be judged by the standards of the Continental Law Legal Family .The same is true that we can not comment on the import of the system by the Continental Law Legal Family with the standards of the Common Law Legal Family.The whole article is divided into five parts:Part I is about the general idea of punitive damages , including the evolving history and current sate of the system of punitive damages and the meaning thereof.Part II discusses the function of punitive damages in a new angle of view .On the base of comparison of the opinions on punitive damages held by scholars domestic and abroad, the author puts forward its idea that the system of punitive damages does its work by the means compensation, punitive, deterrence and encouragement, analyzed in detail and represents a theory about the evolvement and steps of the function of punitive damages.Part III is on the rational of punitive damages , including the analyze of the explaination to the doubt on the system from continental Law Legal Family .The author analyze the value of the system, and then examines the rational of the system in Common Law Family, and explains the doubt on the system from Continental Law Legal Family.Part IV is about punitive damages and the Protection of Consumers' Right and Interest pf P. R. C. The social development makes the issue of the protection of consumers more important .The development ofprivate Laws and the theory of "protection of the weaker" justify the system of punitive damages in the field consumption.Part V discusses the application of punitive damages , using the article 49 of the Protection of Consumers' Right and Interests of P.R.C. Punitive damages always meets same problems in judicial practice. After compared the relevant regulations of American Law with that of the Protection of Consumers' Right and Interests of P. R. C, the author explained some application problem in the practice of punitive damages, such as the qualification of subjective state and amounts, pointing out the oversights and omissions of relating regulation and the advice for perfection thereof in the Protection of Consumers' Right and Interests of P. R. C.