The Research Of Punitive Damages System In China

Punitive compensation system is a civil law system with a long history, it originated from Britain, after development spread to the United States, very suitable for the reality and have the legal value to solve the problem. It is different from compensatory damages and other similar systems, it is on the basis of compensatory damage liability in the infringer, the burden of responsibility, can not only achieve the consequences of sanctions parts, but also to have the prevention and deterrence effect in society. In a long history development river, punitive damages system with its unique function and nature of existence, in our country as the civil law countries have also been perfecting this system. Currently, involved in all areas of a barrage of torts, constantly threaten human health and destroys the existing good social order. So in order to avoid these problems as much as possible, we need from related fields in the system of our country’s existing on the this Angle, the problems in the perspective of ancient and modern, Chinese and foreign ancient should not only learn good things, to grasp the problems that exist in the reality, combined with their own situation, with reference to the practice of foreign, perfecting the system, the protection of the parties and maintaining social order. The papers, a total of five parts, the overall framework and main content is as follows:The first part mainly discussed in this paper, the research purpose, significance and research method of writing, research difficulties and innovations such as the basic content.The second part is summary of the basic theory of punitive damages system. In this section, the paper has sorted out the origin of the punitive compensation system, both at home and abroad connotation definition, properties and characteristics, analyses the difference between the system and similar system with contact, in the foreign countries in the development of the systemThe third part of the punitive compensation system for major foreign countries has carried on the classification is introduced and discussed and its revelation for our country reference. From the applicable range and constituents by contrast with the content of the two plates, then draws the related foreign legislation and judicial practice of our country, in order to improve the system of punitive damages in our country.The fourth part discuss the existing punitive damages system in our country current situation and main problems. By analysis of the current the existing provisions of the law of punitive damages system in China, and points out main problems of each rule and shortcomings.The fifth part is based on analyzing the current problems of punitive damages in our country, perfect the system of punitive damages in our country is put forward relevant Suggestions and measures, in order to from a larger extent, the realization of the system of legal value.