The Study On The Punitive Damages System

Punitive damages system from the U.S, after200years of development, becomea very important civil liability system. Although the vast majority of civil lawcountries is not in the system recognize the punitive damages, but in the Two legalideas and institutions influence each other to draw the trend of integration, there arefew countries in the legislative level and judicial practice gradually recognized thissystem. Some civil law countries and regions exceeded the Traditional LawDepartment of the Civil Code of the compensatory damages principles, the attempt totransplant a single law of punitive damages system. The two legal systems treatdifferent attitude of punitive damages, in the actual process of applying the law of thesystem is also different, and even in some of the issues is still much controversy, butthis does not obliterate the system in the field of practice the value of the world todayas evidenced by the number of countries in the system.Although China legislation the meaning of punitive damages to make specificprovisions, but Double Indemnity of Consumer Protection Act, the Supreme Courtinterpretation of the applicable law, a number of issues on the trial of the real estatecontract dispute cases ", the provisions of the8and9,"Tort Liability Act,"47hasactually legislative recognition of the system. However, due to various reasons,punitive damages are a lot of problems in the process of our judicial practice. Thispaper attempts to explore the punitive damages system theory based on theassessment of performance out of our country in the process of the system isapplicable to, and learn from the successful experience of Britain and the U.S. for thesystem to make some perfect punitive compensation system recommendations.This article is divided into four chapters to start on.Introduction of the punitive damages system, first introduced the meaning of thepunitive damages system, history and aims of the system involved the analysis of thebasic theory to review the historical development of this definition. Then, the common law countries recognize the starting point of the system, a brief comment onthe Chinese scholars on the understanding of the system of punitive damages. Thefinal analysis of the legal characteristics and functions of the punitive damagessystem, reveals the value of the system.From a comparative perspective with related responsibilities, to further revealthe characteristics of the system of punitive damages system. Judicial practice, thereare similarities, and many other legal system and spiritual damages, compensatorydamages and unjust enrichment have similar in many respects, by comparison withthese systems, to deepen understanding of the system.The third chapter in the specific application of the basic principles of thepunitive damages system. The system in the concrete application of legal principlesapplicable to the scope and responsibility elements, this part of the introduction of theprevious two chapters, focusing on analysis of punitive damages in the practicalapplication of basic knowledge and the need to pay attention to matters related to.The fourth chapter is to improve the recommendations of the punitive damagessystem, this chapter from the perspective of the legislative and judicial analysis of ourcurrent punitive damages system problems arising in application, and a number ofspecific measures to address these issues.