The Research On The Application Of The Punitive Damages

Punitive damages system was used to be a feature in the common law systemand continental law is difficult to find on this system. Pattern of law of our country isfollowed by mainland method, the system is a bit strange, but in recent years notonly our country law or civil law system of some countries have followed a similarrules. In the common law has played a big role in the system, in line with theprinciples of damage compensation for damage to fill, it reveals the law of justice.The present designing in our country, to the punitive damages regulationsonly "consumer rights and interests protects a law","commodity house buying andselling of judicial interpretation" and new "food safety law","the tort liability act".Why we need to adopt the punitive damages system? So what kind of behaviordecision would use punitive damages? That is to say, when the defendant should beresponsibility for punitive damages? This series of problems worthy of our in-depthstudy.In this paper, a total of more than thirty thousand words, the text is dividedinto four parts.The first part, basic theory of punitive damages system. This part mainlyintroduces the historical origin and meaning of punitive damages.The second part, the necessity of the existence of the punitive damagessystem and its particularity. Why the system be exist,this part of the main content is:firstly, the necessity of the punitive damages system, and then analysis the rationalityof the punitive damages, finally compare the punitive damages system and relatedsystem, objective function and the nature to illustrate its particularity.The third part, the two big law countries to punitive damage compensationapplicable to compare this system. This part respectively, several typical countries ofcontinental law system and common law system, especially in Germany and theUnited States which legislation and theories about the scope of application ofpunitive damages system is introduced, and make some summary and evaluation.The fourth part, several ponders of the punitive damages system in our country apply. First summary is concluded that the system is in the second part ofthe value of the second paper in our country also does have the system in thelegislation and the relevant provisions of the evaluation, once again, the third part isnot only the system imperfect legislation exit in our country, and even matureapplicable also exist problems, such as Britain and the United States national law inthe end, according to Chinas actual situation, from the system when applicable todiscuss several problems of more in-depth analysis, this system in a way in perfectingthe system, we should pay more attention to the questions.