On The System Of Punitive Damages

Punitive damages system is a system of originated in Anglo-American law system, today for the continental law system countries also slowly to accept. The consumers’ rights and interests protection act of1993, China’s first introduced the punitive compensation system, however, due to the nature of punitive damages system, functions and compensation for key problems, such as the understanding of the theory is not unified, in judicial practice on punishment is not effective, occurrence and influence to our country current society bad food contamination, and drug toxic events and auto safety, etc., don’t punishment and containment action.This paper argues that punitive damages refer to relevant authorities based on the defendant in the subjective malignant harm behavior, under the domination over its actual damages awarded to the plaintiffs damages that aims to punish the defendant and contain similar behavior from happening again. Belongs to a civil liability of criminal property, based on this understanding, this article reviewed the problems of the system of punitive damages in our country, and is mainly applicable to the subject is not clear, suitable condition is too high, too narrow range of application, as well as spend money of low. On this basis, the author abstract the components of the punitive damages responsibility is analyzed, and punitive damages in our country without a specific limit indeed made the focus of discussion and Suggestions for no limit amount of calculation model, is comprehensively considered various factor, determine the appropriate amount of the punitive damages, punitive damages system of punishment and containment double function.