The United States Punitive Damages Judicial Application And Significance In China

The punitive damage of the United States is developed from the British system after thewar of independence. Although the system originated from Britain, it has developedtremendously in the United States. The early cases are usually the personal cause infringementbetween natural human, then the United States courts began to apply the punitive damages forproduct liability cases gradually. China has also set the rule of double compensation whichhas the punitive characteristics in early1993, but only applies to consumer contracts a smallpart of a clearly defined circumstance.Through the study of the United States of the punitive damages system in judicialapplication situation, get some enlightenment, hope for the punitive damages system in China’s judicial application to provide some reference. Although the United States and China aretwo different legal systems, but with the global integration, two big legal systems areincreasingly hasten is the same as, in addition to two legal pursuit of the value of law is thesame, so the study of punitive damages in the United States judicial application areas ofsuccess, can become our country draw lessons from benignantly. Study of the United States ofAmerica more famous some punitive damages case, understand its judicial applicablestandards, and to recognize the existence of problems, will help improve China’s applicationof the system of judicial standards, can avoid some detours. In recent years, the United StatesState and federal courts in order to make the system of punitive damages in the judicial fieldof application is more rigorous, safeguard the interests of the parties, the pursuit of the valueof law implementation, a series of standard for judicial application of the reform. Have toadmit that the United States of America, punitive damages in judicial field after two hundredyears of development, although the abolition struggle has not stopped, but the system injudicial practice, the protection of the rights and interests of victims, warning and punishmentof the illegal acts, realized the value of the law, its role is not to be questioned.China’s current punitive damages in areas of relatively limited, includes only theconsumer contract, tort involving personal injury, the field of food safety problems. In the judicial standards applicable to aspects of surviving some problems, for example, China hasnot formed to have the important influence of punitive damages, punitive damages in judicialcases to demonstrate the requirement is not clear, the punitive damages in the judicialapplication of the deficiencies, punitive damages judgments exist the problem of insufficientexplanation of judicial decision reason. From the judicial applicable scope of punitivedamages can be seen in our system of punitive damages in the cautious attitude, but from thejudicial applicable standards, there are many aspects need to improve.Some scholars do not advocate the punitive damages system in China, some scholarsvery sure that the system of flash point. The author thinks, any system has advantages anddisadvantages, it is unavoidable, we only can do is in judicial application, give full play to thesystem, at the same time, the perfection of the judicial applicable standards, limit itsmalpractice brings trouble.