Punitive Damages System Research

Punitive damages system is widely used in common law countries a system of legal remedies for civil damages.Homogeneity of the system than the civil law compensation for civil damages equal to the basic principles, with compensation more fully, a large penalties to curb the good effect. China's reform and opening up, economic construction and rapid development of the three decades of civil tort liability incident as a derivative of economic activity and large numbers, especially in some seriously affect people's lives and health of a large range of products and property infringements, such as the three Cypermethrin amines "poison milk powder" incident, etc. Law Society calls unscrupulous business people to give mercenary severe sanctions, giving innocent victims adequate compensation and reasonable. But our existing system of civil damages on this looks weak, pale, lack of deterrence. Learn from the successful experience of common law and practices, and establish conditions for our system of punitive damages is of great significance. Although at this stage in the "Consumer Protection Law," "Food Safety Law" and other civil special legislative provisions and judicial interpretation in terms of a punitive damages, but the overall performance of the system construction is imperfect, the lack of supporting measures, the difficulty of practical operation large enough. This paper comparative analysis, economic analysis, the purpose of analysis, research methods, the system of punitive damages by exploring the history and social function and application conditions, comparative analysis of common law and civil law countries, the typical punitive damages in their respective areas experience and practice and useful attempt, around the latest introduction of the "Tort Liability Act," section 47 of the current civil legislation in China in the assessment of punitive damages system, and finally to improve our system of punitive damages a few suggestions.