On Punitive Damages Regime Applicable In Our Country

In this paper, the meaning, function and history of punitive damages are described. Following the above, the theoretical basis for punitive damages is discussed, that is, punitive damages is not only contrary to the traditional civil laws, for instance, the division of public and private law, the separation of civil and criminal, unjust enrichment theory, but is in accordance with the basic spirit and developing trends of the modern civil law as well. China has provided punitive damages in some areas, but there are still many problems and controversies in the aspects of applicabable scope, applicable conditions and defining the amount of damages. For this reason, this paper respectly explains and analyzes these problems and controversies, and further makes specific suggestions for improving the defects of the current law. The applicable scope of China's punitive damages should be expanded, thus includes environmental tort and intellectual property infringement. In the application of conditions, subjective elements should include intentional and gross negligence, objective elements should include illegal acts, actual damages and causation. The caculation of the amount of damages should be taken the flexible way, and be defined on the basis of the victims'actual damages.