Research On The Punitive Damages System In The Field Of Tort

Punitive damages are the additional compensation more than the compensatory damages which are paid by the infringers to the victims by the judgment. Its main purpose is to punish and deter the infringers. Though there is a great controversy about punitive damages since it is produced in the common law, the punitive damages system grows continuously and has profound consequences. The civil law countries overall negative the punitive damages. Although the legislation of our country regulates the institution of punitive damages, it is not perfect. It is necessary for us to research the punitive damages system deeply.Besides the introduction and conclusion, the paper is divided into four parts:In the first part, I discuss the basic theory of punitive damages system. At first I discuss the concept of punitive damages. Then I analyze the characteristics of the punitive damages. I also compare the punitive damages with the compensatory damages, mental damages in order to better defining the punitive damages.In the second part, I explore the application of punitive damages system in the field of tort of the two legal families. Through the comparison of the related systems of the civil law system and the common law system, I clarify the scope of application of punitive damages system, the applicable conditions and the amount of compensation.In the third part, I analyze the punitive damages system of our tort law in the legislative and judicial review. The first section analyzes the embodiment of punitive damages system in legislation. The second part points out the problems existing in present legislation.The forth part is legislative proposals about the punitive damages in tort law system. I give advice and make suggestions in elements of Punitive damages, the scope of Punitive damages, and the calculation of compensation to building the system of punitive damages.