The Research Of Tort Liability Of Punitive Damages

With the development of our economic and technological, Interpersonal interaction is becoming more and more frequent than ever before. While enjoying more and more development dividend, People are likely to be troubled by vicious violations than ever more. The old system of compensatory damages in dealing with this problem is becoming more and more powerless. In order to protect the public, and to curb malignant violations. The legislators draw on the common law experiences, the creation of the tort liability system of punitive damages. Practice has proved that these systems there are still a series of flaws in the old issues remain unresolved, but new problems appear. Arguments in theory and the judiciary have never stopped. This paper attempts to inductive the current problems in our tort liability for punitive damages theoretical controversy and legislation applies. And combined with a comparative analysis of Chinese and foreign experience to give the own proposals for our legislation improve.Besides the introduction, there are seven parts.The first part of this article presented three cases. To sort out the punitive damages system legislation on China. And show the theorists controversy of punitive damages system.The second part of this article try to proved punitive damages in tort liability system exists reasonable by compare with other institutions.The third part of this article try to answered the theorists controversial of punitive damages system, such as the function of punitive damages.The fourth part of this article to discussion of the main functions of punitive damages, to show that the application scope of punitive damages should be extendedThe fifth part of this article questioned the accuracy of the current tort liability punitive damages subjective element, and it explore the future direction through a combination of Chinese and foreign legislative experience.The sixth part of this article is to determine the amount of punitive damages; it tries to put forward practical improved direction. The seventh part of this article put forward concrete legislative proposals.