Punitive Damages System

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 Anglo-American Law countries and Continental Law countries.This text is totally divided into five parts to carry on the research towards Punitive damages problem. The first part relates the Punitive damages system embryo within ancient law and points out that the nature of Punitive damages is the private law, so it should be handed to victim, not nation, we should take this as a standard to judge whether provision within ancient law is punitive damages. Then analyze various concepts of punitive damages and think that Punitive damages are damages made by judge, other than compensatory damages, awarded against a person to punish him for his outrageous conduct and to deter him and others like him from similar conduct in the future,which is given to victim.The second part makes a comparative study of punitive damages, including the comparison among main countris and regions and the one between punitive damage system and related systems.After comparation,this text points out that punitive damage system stemed from English Common Law and mainly applys to Anglo-American Law countries ,but the realm applyed to these countries is different and there is the widest realm in the America.Continental Law countries are affected by it and some countries have stipulated the punitive damage system and ones else also bring about the high tide of this system;The punitive damage system is different from compensative damages,mental damage compensation ,fines and can't replace each other.The third part elaborates the rationale of punitive damages and point out that punitive damages liability is a special civil liability with certain social policy consideration. It is a supplement to compensatory damages liability. Both of them constitute an integrated civil liability system. The main functions of punitive damages are punishment, deterrence and encourage. In addition, it has a subsidiaryfunction of compensation.The fourth-part discusses the construction of punitive damages system .This text think...