Research On Punitive Damages In China

The punitive damages system originated in a common law system, experienced atortuous path in the beginning of their legislation until now. In China, the punitivedamages system is the context of the rapid development of market economy, but as acontroversial and an active role in legislation to make up for the shortcomings andgaps of the existing law, can be said to come into being. The reason why the punitivedamages system controversial, because it does not have a clear responsibility principle,the scope of application, as well as the amount of compensation uncertain. Specificanalysis of this paper, the basic theory of punitive damages system, including thecomparison of the meaning, characteristics and definitions of inductive generalizationof the nature of punitive damages, development, and its value and function of thespecific analysis, discussed in the significance of the context of China’s marketeconomy, build and improve the punitive damages system. Historical research,comparative analysis of methods and survey analysis, the amount of punitive damages,the development, scope, and attributable to the principle of own ideas and suggestions,the common law and civil law system of punitive damages and contrast, learn, andlearn the essence of the relevant legislation, from inspiration to further build andimprove our country’s punitive damages system.