The Study On The Application Of Punitive Damages

In common-law system, punitive damages refer to the compensation awarded by the court to the plaintiff for the purpose of punishing and deterring harmful acts, except compensatory damages and mental solatia.Since the function of punitive damages, punishing and deterring, has been playing a certain role in reality, civil-law system gradually becomes aware of rationality and legitimacy of this scheme.With development of the social situation and the concept of legislation, China's Tort Liability Act has broken through the limits of traditional civil compensation method, and then formulated the application of punitive damages in the field of product responsibility.This research on the topic of the application of punitive damages, which is based on historical and comparative analysis focusing on the scope of punitive damages, the conditions of application and the amount of compensation, is aimed at the purpose of providing theoretical basis for the future application of punitive damages.Apart from the quotation and the conclusion, the main body of the paper has been divided into three parts.On the threshold, the institution of punitive damages is summarized and the basic theoretical problem is analyzed from four perspectives. At first, through elucidating the differences between common-law system and China's academia comprehension, the concept should be defined on the basis of the understanding between broad sense and narrow sense of common-law system. Secondly, punitive damages'historical development is sorted out and analyzed. Thirdly, after analyzing the characteristics of punitive damages, three features are summed up by comparing with similar institutions. Finally, referred to relative criminal law theories, its function is concluded.Secondly, the application of punitive damages is clarified on the level of common-law system. This part is mainly concentrated on the scope, conditions and compensation calculation. Studied from the point of view of comparative way, its application will supply our nation with relative theoretical evidence.At last, the application of punitive damages is defined on the level of China's law system. Legislation in China's punitive damage is introduced and analyzed, which is separated into two parts. On the one hand, legislation without promulgated Tort Liability Act is studied; on the other hand, when Tort Liability Act was issued, the application of punitive damages is emphasized. Advanced suggestion is raised from two angles of components and compensatory value.