The Application And Improvement Of Punitive Damages In China

Punitive damages,which order the defendant to bear Monetary compensation more than the damages he brings about,in order to give him a punishment and restrain the serious civil wrongs.Firstly, deepen the understanding of the Punitive Damages by the the basic theory The common law generally define the punitive damages as civil responsibility, the civil law define the punitive damages' nature as criminal responsibility. The punitive damages has a nature of both public and private law,placing the punitive damages in private law or in the public law individually is inappropriate.The punitive damages has a nature of both public and private law,a goal to safeguard the interests of society and and can get a broad space for development in the field of economic law. According to the nature of punitive damages, the nature of punitive damages is identified as the responsibility of economic law which reflect its essence. According to the nature of economic law,punitive damages has the features of punishment, civil litigation,compensation, severity. Through the comprasion of Punitive damages,compensatory damages,mentel impaired compensation,fines and penalties, find the links and differences, to deepen the understanding of punitive damages.The punitive damages' nature,which both has the character of private law and public law, determine the differences with these systems.The nature of economic law, also determines its unique features.In according to the functions of punishment and determent, punitive damages also has a very important function,said incentive function or awarding function. Both give the victim an incentive to combat with illegal activities, but also give the public an incentive.to safeguard the interests of society.Punitive damages is provided in several legislations in China, but by analyzing the legislative situation, give comments to the specific regulations of punitive damages,there are still many defects,for example,the application rules are not definite,lack systematic provisions,perfecting the system of punitive damages still has a long way to go.Punitive damages origined from the United Kingdom, and have a further development.The civil law system doesn't formally accept punitive damages,but there is a trend of accepting the punitive damages in the countries and regions of civil law. Punitive damages has a better development in common law, While in some civil law countries also have a good application.Select the United States, Britain, China, Taiwan province of our country, Germany and Japan as the representatives, compare the application status of punitive damages in common law and civil law,get inspirations,so as to give some references to the construction of punitive damages in China.Combined with the nature of punitive damages, the punitive damages of our country should be constructed as economic law responsibility.The punitive damages in our country should be applied to the offenses of economic law. Adopt a combined mode of Unified and decentralized legislation,give general rules to the punitive damages,such as some recommendations to the scope of application, application conditions and the assessment of amount,in order to develop and improve our system of punitive damages.