Punitive Damage System Research

Punitive damages originated in the United Kigdom,but it was carry forward in American,it is pointed to the infringer who has serious subjective malicious implement the act of tort,he has to take the responsibility to the plaintiff for compensation,and on the basis of compensation take the the additional compensation.The compensation has the function of punishment,and curb.The history of punitive damage in Anglo-American law countries have two hundred years,but it was different with "homogeneous compensation"principle in Civil law countries,so lawmakers judicial objected to take it in the civil law system.But in recent years,due to the emergence of large industrial era,in order to protect the "weak and fool"consumers,punitive damage came into view of the Civil law system again."Product liability"chapter in the Tort Law which was taken into enforcement in2010,stipulated the puntive damage alone,but the contents are coarse relativelyjpracticality is weak. So it is hard to bring about the purpose of punitive damage.The author study the basic theory of punitive damage deeply,analysis the content of the punitive damages all countries,especially the punitive damage in United States,and combined with the practice of our country,puts forward the comprehensive improvement of the content about the puntive damage.Above all making the law perfect,this chapter it contains three parts,mainly contains making sure the connotation of "scienter",puntive damage shoud be limited in personal injure and puntive damage can be applied in the same case with spiritual damage compensation.Then the author discuss the applicable scope of the punitive damage,definitize the punitive damages and punitive damage could accept insurance,etc.Through the above discussion the author hope to be able to make the punitive damage perfect,and can develop better in the future,in order to play their due role of punitive damage.