The Study Of Punitive Damages In China

Punitive damages system originated in the common law provisions, particularly in the United States legal system in the most complete implementation of the effect is the best. Civil law countries because of the strict distinction between public and private functions, and therefore it has refused to punitive compensation system. But with the development of society, the two legal systems appear converging trends, and constantly improve the system of punitive damages, civil law countries also begin accepting punitive damages system trends in common law countries. The words of the 2009 introduction of the "Tort Liability Act," the first time with punitive damages, the article is discussed in this context.Thesis consists of four parts.The first part of emergence and evolution of the punitive damages system. This part describes the history of punitive damages system, specifically addressed the historical development of common law and civil law system of punitive damages, to be able to clearly understand the historical context of punitive damages, while the development of punitive damages there is a clear understanding.The second part of the theory of punitive damages System. This part of the start of the dispute on the punitive damages system since drawn concepts and features of punitive damages system, and then analyzes the compensation system of punitive damages, punitive, preventive function, also discussed the punitive damages system has order law, justice and freedom in order to be able to clear the value of punitive damages in civil liability of positioning more clearly recognize the role of punitive damages.The third part of the Civil Code applicable to punitive damages system in China. This part of China’s history, culture, economic development and international exchanges three aspects discussed the necessity of punitive compensation system established in our country. Also combing the system of punitive damages in the historical development of context, and then points out the current problems of civil compensation system.The fourth part of punitive damages included Conception of the Civil Code. This is the focus of this article, this section discusses the punitive compensation system should have a condition that subjective malicious acts or serious negligence, the perpetrator’s behavior is moral wrongfulness of culpable infringement and perpetrator actions caused damage consequences. He established the considerations and criteria for determining the level of punitive damages, noting the current development trend of punitive damages system. Finally, we discuss in the field of mass torts, tort network personality and environment tort should also apply punitive compensation system.