Punitive Damages System

The modem punitive damages are particular one of liability systems in Anglo-American Law System. In spite of so many arguments along with its originating and growing, the punitive damages doctdne are developing and making serious effects in continent's civil liability system, such as German and Japan. However, the majority of the continental countries have not adopted the punitive damages roles yet in its civil law.In view of the huge damages established according to the punitive damages system making vital strike to enterprise, some reformations and alterations have been made to punitive damage system in past time. Up to today, the English law has a leading position in the research of the system, and then such research give great impact into its legal practice. This article includes five chapters and aims at the natures and characters of the punitive damages system, in the purpose of lending a hand.Chapter one focuses on the concept and characters of the punitive damage by comparing-analyzing with other similar liability. It's concluded that the punitive damages are very different liability in contrast with other similar liability.Chapter two discusses about the values and functions of the punitive damages system. The legal values of the system stresses more on the essential justice compared to traditional damage liability system. The functions of the system are actual control over the internal costs, the punishment, prevention or deterrence.Chapter three analyses the basic rules for the application of the punitive damage system. Taking consideration of the specialty of the system, some rules shall be conformed in the application. The first is the sine lege, that is to say, the scope and the amount ofthe punitive damages must be governed by the statute law. The second rule set up the negligence as the condition for the application, except for some special kind tort, such as the environment torts.Chapter four further discusses about the status of the punitive damages doctrine in the legislation of P. R. C. In the Last Chapter, accordingly, some suggestions provided for improving and constructing the punitive damages system in P. R. C law. Meantime, based on the developing level of the our economic, society, and legislation, the article concerned on how to leam from Tai Wan territory and other countries to develop the punitive damages system in P. R. C.