Punitive Damages Law

The punitive damage compensation theory is of long standing, which is manifested in the Western and Chinese ancient book. The modern punitive damage compensation theory stems from Britain, latter following is received by British & US Law, of which an important part in gradually. Although Continental Law has not set up the punitive damage compensation system, but adopting the condition acknowledgment and the execution to the foreign court's adjudgement of the punitive damage compensation. In our country, the punitive damage compensation system has been established and be suitable.The author embarks from an illustrative case, adopting the comparative analysis and empirical analysis's method, abstracts disputed focal point and the related legal matter of the punitive damage compensation involved, then carries on the discussion to these questions and proposes individual view.The author first through inquiring into that the punitive damage compensate the historical evolution, the implication, elaborates the characteristic of the punitive damage compensation, of which may be summarized to punitive, subjective scold able, legal, the dependent four aspects.Next, the article has analyzed the function of the punitive damage compensation from subjective and the objective two angles, namely is suitable to the elements of the punitive damage compensation , including subjective aspect intentionally, gross negligence and objective aspect illegal activity, harm fact, causal relation.Once more, this article gives the analysis to the punitive damage compensation applicable scope and the amount determined that the question. The author believes that the punitive damage compensation amount determined should overall evaluate the scold able degree, lawsuit cost, party causing an injury financial condition, actual loss and punitive damage compensation factors and so on. About the punitive damage compensation stipulation in our country current law is too narrow, the amount is too simple and absolutely. In view of the fact that the punitive damage compensation's merit and the function, our country law should expand its applicable scope; Meanwhile should make a more reasonable scope in point.Finally, the article carries on the analysis whether to be suitable the punitive damage compensation the question to for the vacation to buy false, and gave own processing comment on the case. This article believed that knows the vacation to buy false the consumer status is tenable, but cannot obtain the punitive damage compensate. The reason lies, because it does not conform to the important document that the consumer is cheated to make the wrong meaning to express.