The Legal Study Of Applying Punitive Damages In The Field Of Contract

Punitive damages system is derived from the Anglo-American law, in the United Kingdom, the United States used widely. It has been 200 years of history. Although punitive damages system is a big controversy in the country in the common law, but can not deny that punitive damages system plays an important role in the Anglo-American countries, especially in the contract also play a larger effect. State civil law contracts punitive compensation system has been controversial, less punitive damages in civil law system used by countries or regions, but learn in common law countries, the system of punitive damages in the contract to have a more widely used, and achieved great results. This article explores the punitive damages system used in the field of contract in our country.In this paper, according to the function of punitive damages system, the value and the present situation in the field of contract punitive damages system of punitive damages regime of assessment, concludes with specific recommendations to strive to improve the punishment within the field of contract Compensation system. Specifically, the paper is divided into five parts.The introduction part of this article expounds the punitive damages system used widely in common law countries, more widely, in civil law countries or regions in punitive damages this system also began to apply, and in the field of contract applicable to punitive damages system is the trend, with a more far-reaching significance.The first part of this article, "Overview of punitive damages system," the first part of the punitive damages system defines and discusses the characteristics of punitive damages system, and secondly, also explores the function of punitive damages system, but also to explore again punitive damages and compensatory damages regime system, contact the difference between the two. Finally, explore the relationship between tort and contract system of punitive damages punitive damages system, contact the difference between the two. We can see that the punitive damages system has some of its own characteristics, there is a close link between the system of punitive damages and compensatory damages regime both.The second part of this article, "the theoretical basis of the system of punitive damages," which explores the value part of the system of punitive damages; controversial system of punitive damages and the relevant principles of contract law; punitive damages regime applicable to the contract in the field of various doctrine; the conclusion that punitive damages regime applicable to the contract in the field of my views. Punitive damages system introduced to the contract, there is some controversy, the main focus of the dispute is the contract law is a private law, punitive damages system of public law with a certain color, the punitive damages system introduced to the contract, the contract adjustment and punishment of the larger effort, is not conducive to the orderly conduct of the market economy. In this section, the author of the punitive damages system, a series of analysis and discussion, and finally come to her own views.The third part of this article, "A Comparative Analysis of punitive damages system," the first part of our ancient and modern times in punitive damages regime of Exploration and is typical of the Anglo-American countries, namely the United Kingdom, the United States; civil law That is typical of the country or region of Germany, punitive damages system in Taiwan of China in the field of contract applicable preliminary Dynasty. The conclusion that punitive damages revelation Systems in foreign countries in the field of contract applicable. I believe that the punitive damages regime applicable to other countries in the field of contract preliminary discussion, with some reference to China.The fourth part of this article, "punitive damages applicable legislative status and implementation of the system in the field of contract in the feasibility and necessity", the first part of the status quo of China’s current legislation in the field of contract punitive damages system were discussed and analyzed,and then describes the feasibility and necessity of establishing the system of punitive damages in the field of a series of contracts to explore and assess.The fifth part of this article, "Perfection in the field of contract punitive damages system of our country," the author of this part is to improve in the field of contract punitive damages system put forward some of her suggestions. Mainly from the scope of the damages system, the applicable conditions, the amount of compensation, judicial procedures in these areas.Finally, the "conclusion" section, at this stage of punitive damages regime applicable in the field of contract, there are some flaws, but the system of punitive damages in the field of contract apply certain feasibility and necessity of our country it is necessary from applicable scope, applicable conditions, the amount of compensation, several aspects of the judicial process that punitive damages were within the field of contract system improvement and development.