The Study On The Punitive Compensation System Of Tort

The Punitive Compensation system originated from such countries as Britain, America and Australia and it developed greatly in the USA. The unique features and value of it is complementary to the deficiency of the present punitive compensation in our country, whose practice can better compensate victims and sanction illegal and prevent occurrence of similar misconduct more powerful,and it helps to protect people's personal and property safety. Simultaneously, because of the power of the punitive compensation system, its scope of application and the applicable conditions must be restricted by legislation, otherwise its application will produce excessive deterrence, have many negative effects, impeding economic development. In line with the features and value of the punitive compensation system and combined with the deficiency of the present punitive compensation system of tort in our country, this thesis analyzes its necessity and feasibility and discusses such problems as applicable conditions, scope and amount of calculation, trying to better the punitive compensation system of tort in our country. Specifically, the article is divided into six parts.The introduction describes that establishment of punitive damages system in the world will be a trend, punitive damages system is also an important subject in civil law and common law. In the same time, the article pointed out that the meaning of studying on the punitive compensation system.The first chapter:Generality of the punitive compensation system. Through the history of the punitive compensation system, its historical development will be explored and sorted out. On the basis of the definition of the punitive compensation by the two law systems, this paper defines the punitive compensation system and analyzes several views questioning it.The second chapter:Features and value of the punitive compensation system. On the basis of the investigation of the research on the features of punitive compensation system by the two scholars of law system, this paper summarizes its features as compensation, punishment, deterrence, and incentives litigation and has a detailed analysis of it. Also, this thesis analyzes the safety, efficiency and justice of the intrinsic value of the punitive compensation system with the aim to demonstrate the value of its existence.The third chapter:Comparative Analysis of the punitive compensation system. Through the comparative analysis of the punitive compensation system between such countries as Britain, America and those mainland countries, this thesis points out that the punitive compensation system is mainly applicable to Britain and America and has its own characteristics in different countries. And the civil law gradually accepts or introduces the punitive compensation system, whose establishment in the world will be a trend.The fourth chapter:Construction and Prospects of the punitive compensation system. The paper firstly analyzes the necessity and feasibility of the punitive compensation system and points out such problems as applicable conditions, narrow scope and unreasonable amount of calculation. At last, the thesis makes recommendations on the punitive compensation system and focuses on the applicable conditions, applicable scope and the problem of how to define the punitive damages.The conclusion claims that the applicable conditions and scope of the punitive damages of tort should be expanded temperately with the aim to meet the social need of holding back malignant violations. Simultaneously, in order to achieve the appropriate containment of the punitive compensation system, the paper suggests that all relevant factors are supposed to be considered generally in the elastic sum mode for the purpose of determining the reasonable amount of punitive damages.