The Punitive Damages System In British And Amercian Countries And It’s Enlightenment

The system of punitive damages are originated from England,developed in US,and has influenced the whole world.Although the dispute of the system of punitive damages has been existed since its establishment,its development has never been stopped.If you look into the cause,you will find the system of punitive damages are trended to the development of private law,recovered the compensatory damages insufficient in victim relief,and met the development requirement of society.Under this background,the study and borrowing from the system of punitive damages should be taken as a necessity in our country.As a traditional civil law country,we always take compensatory damages as the remedy mechanism for tort law.However,we also witnessed a lot of compensatory damages insufficient in victim relief with social development.In the United States and in England,they have developed a relatively matured punitive damage system,not just demonstrates in the protection of victims ‘rights and interests,it effects more in preventing society infringement act.Exploring the applicable range of punitive damages system in United States and in England,United States far surpassed England by its applicability to every area of infringement.In the area of contract,United States hold a limited applicability attitude.In the cognizance of punitive damages responsibilities,both countries require illegal behavior person with the “intention” or “aggravated negligence” subjectively and objectively caused certain damage in person or in property.United States even defined product manufactures not fulfill its obligation to recall dangerous products as applicable to punitive damages system.This absolutely intensifies the efforts on the protection of consumer rights and interests.To prevent excessive damages,both US and UK suggested we should consider whether the actor has received any other law punishment and also his assets,income situation.In the ownership of damages,England law stipulate damages shall all be given to accuser,while American law stipulate part of it shall be given to government or public organization in case of unjust enrichment.To intensify the protection to victims,we can appropriately borrow a lesson from Anglo-American countries on punitive damages provisions.Punitive damages shall be introduced in administrative illegal behavior.Enlarging the applicable range of punitive damages system in field of infringement law and limitedly introduces punitive damages in contract law.Enlarging the subjective factor of punitive damages to “aggravated negligence”,on the results of product infringement,adopts loose standards,not limited to consequences of death or health seriously damages,defining product manufactures not fulfill its obligation to recall dangerous products as applicable to punitive damages.In specific Settings,On the basis of the upper and lower,giving the judge discretion.On the punitive damages belongs,in principle to the plaintiff,under special circumstances sharing with society.