A Study On The Punitive Damages System In China

Punitive damages, whose purpose is to punish wrongful acts, play the role of private relief in the common law countries. Originating in Britain and well developed in the United State, it is both a way of private litigation to protect the rights of individuals and an indirect way of maintaining the public order. It plays an important role in the common law countries, and is becoming increasingly important. It has exerted certain influence on the legislation of the civil law countries, as well. A growing number of scholars in the civil law countries are studying the system of punitive damages. Originally, it was considered a "freak" by scholars in the civil law countries, and was generally rejected. But with the development of economic globalization and the strengthening of international communication in such areas as economy and culture, scholars in the civil law countries changed views about the system of punitive damages, gradually accepting the system in theory as well as in the judicial practice and adopting an open attitude in legislation, and established a provision of punitive damages. In China’s Consumer Protection Law, the provision of "double compensation" is generally acknowledged as a kind of punitive damages,and then the legislative application of the system of punitive damages is further embodied in the provisions of the judicial interpretation of the Sales&Purchase of Commercial Houses in China and the Food Safety Law, although there’s no such concept as punitive damages in those laws, yet it is evidently shown in the purpose and the function of the legislation. The47th provision of China’s "Tort Liability Act" promulgated in December,2009aimed at settling the controversy of scholars in our country as to the question of whether our country should introduce the system of punitive damages. In fact, China’s introduction of the system has already become an indisputable fact. As to the application of the system of punitive damages, there’s a tendency of expanding in scope. Not only is it applicable in the field of contracting but also product infringement, giving more rights to the majority of people to protect their own interests and sounding the alarm for the infringers. Nevertheless, there are still some flaws existing in the system of punitive damages in our country. So it needs to be further improved. As this system is more mature in the common law countries, it is advisable that China should draw from their legislative and judicial experience. This article consists of three parts:The first part:the basic theory of punitive damages system., mainly analyses its definition, nature, functions as well as its relationship with some related concepts in the public law, pointing out that the system is fundamentally the responsibility of the private law, and thus states my own understanding of the meaning, nature and functions of punitive damages.The second part:Foreign punitive damages system legislative experience. The focus of analysis of punitive damages applicable to the situation in Britain and the United States, summed up their legislative and practical experience to pave the way for improving the system of China’s punitive damages system.The third part:the punitive damages system in China’s legislation and perfection. Focusing on the punitive damages system in China a narrow application range, applicable conditions of fuzzy, applied amount of small, weak and lack of containment function, to achieve a "substantial justice" as the starting point, make full use of foreign experience of legislation and judicial practice, combine the national condition of our country,the reasonable construction of punitive damages system in china. From the proposed legislation improvement of punitive damages system in China suggestions.