On The Punitive Damages System In China

Along with the social development and increasingly deepened study concerning civil law, compensatory damages has no longer be able to serve the purpose of social adjustment and maintenance of social order. On the basis of compensatory damages, there need to be a system with more deterrence therefore traditional but controversial punitive damages has been gradually introduced into China. China is one of the civil law countries, while punitive damages is an important system of common law system. Therefore, the issues about what the rationality is, how to define this concept, and what the theoretical foundation is has not been solved yet. The application of punitive damages in civil law has raised great concern and debate, not only in China, but also in all the civil law countries. This thesis summarizes and elaborates the background, historical development, theoretical foundation, and necessity of introduction of punitive damages into China, and presents some suggestions on future development of punitive damages in China. This thesis includes 5 chapters.The first chapter of this thesis is introduction. Resulting from some special events which reflect inevitable problems of China during the revolution period, is an unchangeable fact. Such introduction has historical inevitability, but the inefficiency of study in this field hinders the development of Chinese punitive damages. Therefore, it is of great significance to study on this issue, and it is also a transition in analyzing current status of Chinese punitive damages system.The second chapter is an overview on basic theories of punitive damages. In order to figure out basic theories concerning rationality of application and introduction of punitive damages system, it is necessary to understand what kind of system punitive damages is. This thesis defines the connotation of punitive damages through elaboration and summarization of the definition and characteristics of punitive damages, comprehensively demonstrates the historical inevitability of punitive damages through presenting historical development of punitive damages system within different legal system and at different times. Finally, this thesis distinguishes the independent value of punitive damages by comparing it with other relevant concepts.The third chapter is about the development and current status of punitive damages system in China. The fact is that punitive damages is contained in Chinese laws and regulations. It is the production of Chinese social development. This thesis explains the development of punitive damages system in Chinese, presents a prospect of future development of punitive damages system through analysis of its tendency in current legislation and amendment, and analyzes current problems in Chinese punitive damages system. Combining the development of punitive damages all over the world with Chinese practical situations could help us to comprehensively understand which historical stage we are in respect to punitive damages system, to clear contradictions between current provisions and practical issues, and to grasp the whole picture of punitive damages system in China.The fourth chapter expounds the necessity and justification of further introducing punitive damages system into Chinese civil law system. Punitive damages is not a mythological concept, but is concrete requirement of reality. The formation and development of punitive damages system in Chinese legal system have been promoted by the germination of credible society, direction of safe value and enhancement of people's consciousness of right protection. Punitive damages system makes up inherent defects of traditional compensatory damages system, such as no consideration of subjective fault, neglect of social public interest, weakness of right protection incentive system, and so on. It also expands its application scope with practical advantages and theoretical support. This chapter gives an illustration and analysis of necessity and justification of further introducing punitive damages system into Chinese civil law system, and forms a foundation for justification of introducing punitive damages system.In the fifth chapter, some suggestions with respect to improvement of Chinese punitive damages system is given. There are many limitations in the development of punitive damages system in China as well as some deficiencies, which are disjointed from the requirements of social development and need making up. It is necessary to specify the elements of punitive damages and fix the amount of punitive damages, to realize substantial justice, break the shackle of public-private dualistic theory, and to realize the purpose of law of maintaining social safety and order. Finally, the author offers some suggestions of the future development of Chinese punitive damages system on the basis of foregoing analysis and combining excellent overseas experience with reality of China.