Punitive Damages System

Punitive damages system is a system which has been quarrelling in common law legal family country. It has greatly influenced countries of civil law legal country. First, this article expresses concept of punitive damages and its history. Second , it describes punitive damages 'function, criterion of application and its attribute which is punitive civil liability. Third ,it describes punitive damages system's advantages and disadvantages. Punitive damages is an important way to practice the deterrence function of civil law .Meantime, punitive damages is also an important way to enhance the deterrence function of tort law .Last ,in CHINA ,we should build punitive damages system in contract field and tort field .Punitive damages should be applied into product liability field and intellectual property liability field .