Shallow Discussion Punitive Damages In The Civil Compensation System Of China

Punitive damages is a dam ages system corresponding to compensatory damages, modern punitive damages has been existing in Anglo-American Legal System over 200 years. Since the twentieth century, with two legal systems and legal thoughts encountering each other and interactive each other, Anglo-American Legal System Punitive damages in Anglo-American Legal System also has had a profound impact on the civil law system.In 1993 the punitive damages system was introduced to China consumer protection laws, In 2009 Concept of punitive damages in Tort Liability Act firstly appeared in the bas ic civil law, punitive damages system has been estab lished initially in China. However, f or a variety of reasons, punitive dam ages system in China is not yet satisfactory. This paper attempts to discuss the system of punitive damages on the basis th eory, through our assessment of the status quo of the system, learn from other countries, especially from Britain and USA. some of the more m ature practice with regard to improving China’s punitive damages regime.This article consists of four chaptersThe first chapter is an overview of punitive damages, mainly clarify the concept of punitive damages, introduce the development history, and functions of the system.The second chapter is the analysis of the legitimacy of punitive damages. Legitimacy of punitive damages is important theoretical problem of punitive damages system, it is important theoretical obstacles which the civil law tradition countries introduce this system to resolve. This article starts with the value goal and underpinning of punitive damages, argues rationality and legitimacy of punitive damages system.The third chapter is the comment to status quo of punitive damages in China. This chapter comprehensively sorts the current regulation of punitive damages in China civil law system. On "Consumer Protection Law", "Contract Law", the Supreme Court "on the protection of the law applicable to cases of commercial contract dispute the interpretation of a number of issues," "Food Safety Law", "Tort Liability Act" and other punitive laws and regulations compensation provisions were analyzed to evaluate, analyze their respective application elements and evaluate its progress and shortcomings.The fourth chapter is the suggestion of perfecting China punitive damages system. In view of present situation on China punitive system, this article draws on common law countries on the basis of a mature approach, suggests how to improve our recommendations for punitive damages. This article argues that:the legislative model should be used on a combination of unity and division of combining the legislative model; expand the scope of punitive damages system, in the infringement field, as long as the infringer’s behavior can be blamed with the psychological state, and need to play through the punitive damages punishment and deterrence capabilities, you can apply to punitive damages, in the field of contract, punitive damages can be applied in special circumstances; specifically the establishment of punitive damages elements, the core elements should be a highly subjective state of mind of blame; make amount set of rules of punitive damages clearly; make clearly that punitive damages should be determined with reference to the factors.