On The Punitive Damages System In Our Country

The punitive damages system is a damage compensation system of generalapplication in the common law in US.It is very different from the civil fill damages,administrative fines and criminal fines. The punitive damages refers to the additionalmonetary compensation to the victims given by the offender by the court beside theactual loss. The punitive damages are of additional and statutory characteristics and thefunction of punishment,deterrence,and containment.The punitive damages systemhave been provided in the ancient law of various countries. Punitive damages system inthe modern sense originated in the common law and actively developed in the UnitedStates in the20thcentury.Today the punitive damages system has been widelyrecognized in common law countries,and the booming trend has had a far-reachingimpact on civil law countries. In the tort liability Act of2009has made clear for the firsttime in punitive damages, which is of great significance in the civil legislation of ourcountry, but its scope of application of punitive damages, the application of moregeneral conditions, compensation and other requirements, difficult in judicial practiceuniform. In this article, the author draws from foreign countries and other regions on thebasis of legislation, judicial practice, put forward some suggestions of perfecting thepunitive compensation system, for your reference.