The Perfection Of Chinese Punitive Damages System

Corresponding with the compensation system, the punitive damages system which originated from Anglo-American legla system is the amount of compensation exceeds which is paid to the accuser the actual loss. It is very significant for regulating the market and maintaining social order, China's legislators decided to incorporate it into the legal system. In this article, the author researches the legal system in China and learns from foreign countries'experience in the legislation and justice. The author elaborates the insufficient of Chinese punitive damages system and the necessity of perfecting the system by the methods of comparative analysis and illustration analysis. And then, the author proposes the suggestion for perfecting punitive damages system.The paper includes three parts. According to the study of the current legislation of the punitive compensation system in China, part one analyses four problems in legislation:the methods of calculating compensation are too single to achieve system value; the application scope is too narrow; the legislation is too simple; the consideration by courts are comparatively single.In part two, the author demonstrates the necessity of perfecting the punitive damages system with three respects. They include the need of social, legislation and justice. There are some problems in the development of our society and legal system, such as the deficiency of the traditional civil compensation. And the defects in legislation lead to the insoluble problems injustice.Part three is the main part. The author demonstrates and illustrates the corresponding measures to improve the punitive damages syetem by four are presented in this part. Although the punitive damages system has been introduced into our country, it can not make contribution to the development of our society because it's application area is too narrow. So the application scope should be expanded; Moreover, the current computational method of the amount of compensation is unreasonable, so the author put forward reasonable calculation method by optimizing the current calculation method; Our Market economy has only just begun, and there are some problems during the development of enterprise. If enterprises are sentenced to pay heavy punitive damages because of the heavy loss caused by enterprise fault, It is unfavorable to enterprise development. So a chance to reform should be given to enterprises. So the author proposes to establish punitive damamges fund. At the same time, the author proposes more factors should be considered in judicial process into order to perfect our current judicial process in punitive damamges system. In short, the author propose to improve and perfect the punitive damamges system in China from four respects to realize the purpose of the legislation and implementation effect of the punitive damages system better.