The Theory Of Establishment Of The System Of Drug Violations Punitive Damages

Punitive damages originated from Anglo-American law system countries, and in recent decades has been controversial in the United States. In our country, the punitive compensation is still a new thing, the tort liability law in product liability punitive damages regulations made it the focus of academic circles.Because of its unique features, punitive damages system makes up for the deficiency of the current drug tort remedies, using for drug liability system. It has the great of significance. But due to the dual nature of the object of infringement, the complexity state of the tort and the uncertainty of the tort relationship, the components of the punitive damages responsibility identification need to special provisions. At the same time, the calculation of punitive damages is one of the most important issues in this research.This paper mainly discusses drug violations punitive liability to pay compensation of subjective and objective constitutive requirements and the introduction of punitive damages in our country.It recommends the compensation of calculation standard, on the basis of different standards for the evaluation, put forward suggestions to improve this system at the same time.