A Comparative Study On The Legislation Of Punitive Damages Between China And Foreign Countries

Punitive damages,which first appeared in Britain and then flourished in the United States,were applied in many areas,especially in the economy.It is different from the general damages,the traditional sense of damage compensation is to fill the rules to fill the losses suffered by the parties.Punitive damages also have the function of compensation,but the most important thing is that it has severe punishment.By severely punishing wrongdoers,they can act as a deterrent and sanction.From the day the punitive damages system appeared,the discussion about the system has not stopped.For the nature of punitive damages,there are many theories such as civil law,criminal law and economic law.For punitive damages,there are also preventive,sanctions,deterrent and other views.For the value of punitive damages,there are freedom,justice,order and so on.For the scope of application of punitive damages,there are trademark field,trade secret field,trust field and so on.The concept,characteristics,applicable conditions,legitimacy and the factors that should be considered in applying punitive damages will also have different answers in different countries and regions.In common law countries,there has always been a supportive acceptance;but on the mainland Legal system countries,in the system seems to have been forgotten in the corner.That said,the global trend suggests that most countries and regions are open to the system.It is a very young legal system in our country because of its late research.In view of this,we should learn and learn from the experience and knowledge of other countries about the system.Therefore,this paper studies the punitive damages system from the perspective of comparison between China and foreign countries,absorbs and draws lessons from the advanced experience of the western system,makes up for the deficiency of this system in our country,and advances the development of the socialist legal system.This paper is divided into four parts.The first part introduces the concept,characteristics,historical evolution and nature of punitive damages,as well as its function and value.So that we have a basic understanding of punitive damages system.The second part expounds the legal provisions of punitive damages in China and abroad,including the United Kingdom,the United States,Germany,France and China.In the third part,the author compares the punitive damages system between China and foreign countries,including the similarities and differences between China and foreign countries,and sums up the enlightenment of the foreign advanced system to our country.The fourth part,synthesizing and connecting with the reality of thecountry,put forward to perfect the law of our country.Method of the system It includes the principles and specific suggestions for the legislation of this system in the general principles of civil law of our country.