Research The Economic Law Properties Of Punitive Damages

Punitive damages system originated in the common law countries, it graduallydeveloped into a more mature legal system in common law countries."Punitive" is themost important performance different between punitive damages system with otherlegal systems,it is a way to safeguard private enforcement of private rights andinterests while safeguarding public interests played a very active role.However, thecivil law countries have alway insisted on the strict distinction between public andprivate law in civil law, they think that only the public law’s public authority has theright to punish, Personal has no right to punish.So the Punitive damages system in thepast for a long time, has not been accepted by civil law countries. Until recent years,as the change of economic development、 the international environment and legalenvironment, punitive damages system has gradually been adopted by civil lawcountries.Punitive damages system means the court to order the defendant to pay to theplaintiff suffered damages in excess of the amount of their compensation, its purposeis not to compensate the plaintiff for losses caused by the wrongful act, but in order tocurb or punish the defendant infringed the rights of others wrongdoing, whilepreventing the recurrence of the same or similar wrongdoing. From the abovedefinition of punitive damages we can conclude that punitive damages are mainlypunitive, containment and prevention capabilities.Discussion about the property sector law punitive damages, has been the focus ofacademic controversy. Most scholars generally advocated the system of punitivedamages as a civil regime look. But punitive damages in terms of functions andfeatures that punitive and deterrent effect, not fit with the basic principles of civil law.At the same time, from the development and establishment of punitive damagespurposes, the implementation of the program, such as baking and analysis, it iscriminal and public law system and administrative systems are essentially different.Therefore, punitive damages attributable to civil liability or criminal, civil are veryfar-fetched.Punitive damages should form part of the legal responsibility of economic lawfrom the subject, purpose, values, and other aspects of the essential attribute analysissystem and the economic law of punitive damages is more fit. This article will punitive damages system depth analysis, which demonstrated the economic law ofpunitive damages attributed to the property sector is very reasonable and feasible, it isnot only beneficial punitive damages system into full play to its functions and effects,while provide better protection for the implementation and execution of economiclaw.