Punitive Damages System Research

This paper begins with describing the basic theoretical issues in the punitive damage system, and demonstrates and generalizes the meaning, the characteristics of the punitive damage system and its four functions of punishment, containment, compensation and incentives. Then it examines the history of evolution of the punitive damage system, the application of judicial practice in common law system countries, and meanwhile analyzes the theoretical research and judicial practice on punitive damage system in civil law system countries.Although the current law of our country has some punitive damage provisions, but there are many defects, so that the needs in economic and social development of our country can not be met. In this paper, the research methods of historical analysis and comparative analysis are used to clarify the issues on the scope, the applicable conditions and the determination of the amount of the punitive damage system and so on. The introduction and profound analysis of our current punitive damage system status of legislation are given. On the basis of drawing on the experience in common law countries, combined with the legislation practice in our country, the specific recommendations of the construction of China's punitive damage system are proposed as well.