Punitive Damages Scope Of Research

This paper,based on the scope of application of the punitive damages system,do a preliminary study to the improvement of this system. The first part of this paper from punitive damages, the specialized nature of analyzed the basic theory of punitive damages system.The second part of the major countries in common law and civil law main countries and Taiwan region punitive compensation system compares and analyzes the scope. The third part for our current laws regarding punitive damages scope in carding theorists discussed punitive damages and the applicable scope of discussion, and on the basis of analyzing the punitive damage system application scope of the enlarging trend. The fourth part, tort law and contract from application-domain analysis punitive damage system in our country's legislation applicable scope perfect.Punitive compensation is to punish and vicious subjective actor by court compensation beyond the actual damage amount of compensation. Although legislation in our country already established in punitive compensation system, however punitive compensation scope is very narrow. At present, our country has expanded punitive compensation scope, punitive compensation for the conditions in China's expanding scope with rationality and feasibility, because this is in our country should expand punitive compensation range. On the one hand, punitive compensation should apply to tort law, it must accelerate the application of it shall in product liability tort, environment, infringement, intellectual property infringement, securities tort, beating reproach and hostile personal infringement of malignant medical tort law. On the other hand, punitive compensation should also accelerate in the field of the contract to apply. With the opening and reform, the social development by leaps and bounds, various new default infringement cases appear constantly, so must keep up with the constant adjustment and expand perfect punitive damage range. Of course, punitive compensation system is the perfect in legislation technology, suitable scope formed aspects of jointly improve the effect of combined. This study is to perfect this system in China as a little bit.