Punitive Damages System

The punitive damage system is a sort of damage system, which is opposed to compensatory damage system. It was originated in the common law countries. But it has been producing some effect on the civil law countries. China's legal system falls into the category of the continental legal system traditionally, in the area of civil compensation, compensatory damages is designed to compensate the victim, and thus the whole civil compensatory system has actual damages as its basis. However, the 1 imitations of such a system in today's world have been brought to broad light. The author of this essay thus thinks it urgent that proper punitive damages be build up in China. The punitive damage system is also a quite controversial system. The article discusses the author's option in four sections.Part one mainly expounds basic theories of punitive damage system including the history, the definition, the character of the punitive damage system, and comparison of related concepts.Part two analyzes the rationality of punitive damages. It stands firm in the long course of history because it's such a principle that has been safeguarding the treasured values such as order, justice, equality, freedom, safety and efficiency, and the functions it has which including punitive, deterrent, salvage and market-stimulating.Part three is about the response from the author to the opinions of critics of punitive damage system, which is about the reason why it doesn't conflict with basic theories of civil law, such as the partition of public law and private law, the separation of civil law and criminal law and unjust benefit, it is also the necessary supplement of compensatory civil liability, therefore it has the rationality of being.Part four tells the condition of punitive damages in today's China and analyzes the necessity and feasibility to enlarge the range of appliance of the system. This section mainly analyzes the factors as applying the system. The factors include the range to be applied and the definition of the compensatory amount and so on.