Concerning The Punitive Damages In China's Tort Law System

Tort law system of punitive damages means that the court punish and deter perpetrators based on the purpose of the lawless act, and, meanwhile the compensation decree which the offenders pay to the victims is far greater than the actual loss. When the offenders are implemented for the lawless act of subjective malice causing serious damage to the victims.It is characterized by punitive, statutory, additional resistance, focusing on the perpetrators of subjective fault and the amount of compensation not limited to actual loss. As to its basic nature, it definitely belongs to the remedy by private law, as a result, it is functioned by penalties and sanctions, containment and deterrence, compensation and consolation.encouragement and motivation. Constitutionally different from the traditional tort law in compensatory damages and mental damages, modern sense of the punitive damages initially originated in the United Kingdom and the United States has been well enriched and improved. Many civil law countries and regions in recent years have also gradually accepted the trend of punitive damages, including Taiwan China, which have so much relevant legislation. Punitive damages in the maturation and development of foreign legislation give us a lot of important inspiration and reference to our country. As to the defects and shortcomings of "Tort Liability Act" in the system of punitive damages on the applicable rules and application, this paper put forward some corresponding improvement proposals, with the hope that civil code in relation to tort law punitive damages can benefit from the construction of the system in the future.