Research On The Application Of Punitive Damages In The Tort Law

Punitive damages is the additional compensation more than the compensatory damages which is paid by the infringers to the victims by the judgement.Its main purpose is to punish and deter the tort-feastor.Though there is a great controversy about punitive damages since it is produced in the common law,the punitive damages grows continuously and has deeply meaning.The civil law countries overall negative the punitive damages.The legislation of our country regulates the institution of punitive damages,but it is not perfect.It is necessory for us to research the punitive damages deeply.In the first part,I define the punitive damages.At first we discuss the concept and historical origins of punitive damages.Then we analyze the function of the punitive damages, which includs the punishment function, prevention function and compensation function, and finally we compare it with the compensatory damages, mental damages, fines, penalties in order to better defining the punitive damages.In the second part,we discuss the rationality of the punitive damages.First we demonstrate the rationality of the punitive damages,then we proof the punitive damages has the nature of civil law through breaking the barriers of the binary division of public and private and the unjustified enrichment.The compensation obtained by the infringer is not unjustified enrichment but has a legal basis.In the third part,we comparative study the punitive damages in tort law.We comparative study the judicial practice of the United Kingdom, the United States, Germany, Japan, China Taiwan and other countries and regions.From the comparative study,we illustrate the element and scope and compensation of the punitive damages, and the reasonable limits of the punitive damages.Both in common law countries and in Taiwan, punitive damages has strict applicable conditions, and there are some limitations about the amount of compensation.The fourth part is the legislative status and legislative proposals about the punitive damages in tort law system.In section I,we analysis the provisions of the punitive damages in our existing legal and point out the shortcomings of the current provisions.In sectionⅡwe describe the barriers of building the system of punitive damages in our country,and we give advice and make suggestions in elements of punitive damages, the scope of punitive damages, and the calculation of compensation to building the system of punitive damages.