Research On The System Of Punitive Damages

This paper mainly discusses the system of punitive damages in Anglo-American law which has great influence on Civil Law System. Punitive damages are damages beyond compensatory damages and paid by the wrongdoers with the purpose of punishing and deterring. The system of punitive damages has developed with controversy in the long history, and it is its unique features and charm to get more and more attention and recognition. China, as a typical civil law country, has always adopted a negative attitude towards this system. However in recent years, the tort in the areas of food, drugs and environmental pollution has become serious in our country, this triggers a crisis of life and health and causes social disorder. Thus the study of this system will do great help to the establishment of our system of punitive damages and also of great significance to consummate our civil liability system and harmonious society.This paper made a specific interpretation of the System of punitive damages by using of historical analysis, comparative analysis, analysis of cases and other methods. In addition to the introduction and conclusion, the paper is divided into five parts, a total of move than forty-four thousand words.The first chapter of the paper is about the basis for punitive damages, starting with the title and conception, we compare punitive damages with some related legal systems, introduce the aggravated damages and the restitutionary damages in Anglo-American law. Concluded by comparing that the aggravated damages are equivalent to the compensation for moral damage and the restitutionary damages are similar to the unjust enrichment system. Then the author investigates the functions and nature of punitive damages. On the nature of punitive damages, there are three main kinds of views, they are civil liability, criminal liability and economic law liability. The author insists that the nature of punitive damages is a civil responsibility, and its main function is to punish and deter.The second part reviews the history of the system of punitive damages. Firstly, the author briefly introduces the compensation with punitive elements in the ancient law. Then, details the history of punitive damages in the United Kingdom and the United States, especially its development and evolution. There are roughly five stages in the development of the United Kingdom, namely the rise of the system, strict restrictions, restrictions loosened, to further restrict and limit break. The system of punitive damages in the United States has gone through three periods:compensation for insults and humiliation, penalties for abuse of power and deterrence of wrongdoing.The third part focuses on the analysis of the Anglo-American countries in the institutional practice of punitive damages, concentrates mainly on the applicable scope of the system, the constituent elements, the amount of compensation and other issues. The United Kingdom and the United States differs in the scope of system, the UK has very limited scope while the scope of the United States is relatively broad. As to the constituent elements, the author analyses and summaries the requirements set by Lord Devlin in the UK and the different state of mind requirements in the United States. As to the issue of the assessment of punitive damages, we focus on the considerations and the limitation of the amounts.On the basis of the historical review and juridical practice, the fourth part cites various reasons for and against punitive damages that are theory and practice-based, including punitive damages are against the principle of compensatory; an award of exemplary damages will result in a "windfall" to the plaintiff; The defendant may be exposed to double punishment; the protection of the procedural safeguards is insufficient; Excessive punitive damages will lead to judicial injustice. The author refutes these reasons from the perspective of theory and practice to demonstrate the reasonableness of punitive damages.The fifth part first introduces the legislation of system of punitive damages, then analyzes the deficiency in our current legislations, Including that punitive damages has a narrow scope of application; the subjective element is not complete; the baseline for the assessment of punitive damages is inappropriate; then according to foreign practice combined with China’s actual situation, offers suggestions for the consummation of the system of punitive damage:(1) expand the scope of punitive damages, adhere to apply the system in the field of contract under certain conditions and breakthrough the restrictions in the field of tort.(2) improve the subjective requirement of punitive damages, and use it as an opportunity to distinguish the concept of fault, to build an independent intentional tort theory;(3) set considerations for assessment and set necessary restrictions on the quantum of punitive damages through legislation. These considerations include:the culpability of the wrongdoer, the means of the wrongdoer, the actual damages suffered by the plaintiff; the possibility the wrongdoer will subject to other penalties as the same behavior;(4) clarify and coordinate the relationship between punitive damages and damages for mental distress.