The Study Of Punitive Damages Mechanism In Tort Law

This thesis studies the punitive damages in the field of tort. By researching thesuccessful studies from abroad, the paper aims at adjusting the punitive damagesmechanism to be more applied in China. This paper divides into four parts. The firstone by analyzing the development of the punitive damages mechanism shows theauthor’s idea of the mechanism including its concept, character and functions etc. Thebiggest dispute about the punitive damages is whether or not the punishmentmechanism under the public law should be introduced into the private law filed. Thedispute involves both the public law and the private law. Accordingly, the second partmainly compares the two different attitudes towards the mechanism, figuring out thebackgrounds and reasons of the difference, providing experience for a betterdevelopment of the mechanism in China. The third part testifies the feasibility of themechanism’s introduce to China and appraises its current development at home. Thelast part gives suggestions for its localization in accordance with the situation ofChina.It is essential to grasp its nature for the study of punitive damages mechanism.Common law includes it in civil law while Civil law sees it as criminal law. In thispaper, the author defines it as civil law. The special value of the punitive damagesmechanism lies in its four functions, i.e damages, punishment, deterrence andencouragement. The development of the mechanism shows two trends. In countriesapplying common law, the application is expending and the applicable conditions areincreasingly flexible. In countries applying civil law, the bias to the punitive damageshas been changed. It is because the system has corresponded to the development ofthe private law and complements the traditional civil liability regime. According tothis, the introduce of the punitive damages in the tort filed is of efficient feasibility. It is help to the deficient of the traditional damages methods in terms of curbing the tortbehavior and relieving the victim and it can meet the internationalization of the lawsystem. In order to make the punitive damages more appliable in China, it isnecessary to adjust it according to China’s situation. Its application condition shouldbe subjective intention or gross negligence and the implementation of a major offenseobjectively caused damaged consequences. Besides, there is a relationship betweenthe damaged consequences and the illegal behavior. The scope of the applicationshould be based on the current social situation as well as the nature and functions ofthe punitive damages. The amount of damages should be balanced accordingly.