Research On Punitive Damages System

Punitive damages system has run for more than 200 years in Anglo American law countries,but the consumer protection act of 1993 introduced this system into China,and it can be regarded as a relatively new field of civil and commercial law research in china.At the same time,because the system challenges the principle of compensation for damages in traditional civil law,the majority of civil law countries do not confirm this principle in the form of legislation.For our country,the research time is short,and there is no reference to the legislative experience,so there is a lot of controversy in theory,there are still many deficiencies in the legislation.This article is divided into five parts:part one:from the perspective of the concept?characteristics?history and function of the punitive compensation system,the understanding of the system is expounded;part two:introduces the application of punitive damages in the representative countries of the common law system and the continental law system,and compares the differences between the two legal systems on the punitive damages system,pointing out the differences between them;part three:introduces the legislation on punitive damages in China;part four:the existing problems and defects of punitive damages in China are analyzed in accordance with the relevant laws and regulations of China;part five:put forward suggestions for improvement of punitive damages in China,and put forward that we should clarify the applicable scope of punitive damages according to our national conditions,and establish a scientific and effective punitive damages determination system.