The Theory Of Punitive Damages In Our Country Food Applicable In The Field Of Tort

Conventionally, civil damages is the compensatory damages which recuperate the victim’s loss. The punitive damages is the exceptional form of the traditional civil damages, and is of important theoretical value and realistic meaning. Punitive damages is needed to cover the shortage of compensatory damages in more and more civil tort, especially in food security’s tort. This paper will analyze the application of punitive damages about the food security’s tort in China.The paper is divided into five parts. The first part:Preface. The second part: Investigation of punitive damages about the system of common law. The third part:The basic theory of punitive damages. The fourth part:The punitive damages of food security’s tort in China. The fifth part:The institutional improvement of punitive damages on food security’s tort.Firstly, the thesis introduces the research motivation of punitive damages, and functions and relations with other concepts. Investigates the punitive damages about the system of common law, especially in Britain and America.Secondly, the thesis researches the basic content of punitive damages, which includes fundamental conceptions and basic characters of punitive damages, the meaning of food tort in this field, the values and functions of punitive damages in the food security’s tort field. And then, the author reviews the punitive damages of food security’s tort in China and analyses the relations among interrelated legal rules.In the end, the last part is the researching about the punitive damages of suggestion for perfection in the field of food security’s tort in China, which includes sphere of application, constitutive requirements, amount’s setup and judicial proceeding. This paper refers to define the code requirements of punitive damages in the field of food security’s tort, and coordinate the relations of present legal rules.