Research Of The Punitive Damages In China

Punitive damages are prevalent in common law countries,and now a complete system of legal system has been formed in the United States.China has been in the "consumer protection law","judicial interpretation" of the sale of commercial housing,"tort liability law","contract law","food safety law","civil law" and so on a series of laws and regulations and judicial interpretations in the terms o f punitive damages,the legislative progress is suitable for the development of the times.The full text is divided into five parts: introduction,theoretical basis of punitive damages,investigation of punitive damages in extraterritorial countries and re gions,investigation of the status quo of punitive damages system in China,and analysis of the perfection and application of punitive damages system in China.The first chapter is the introduction.The introduction,application and development of a system are often closely related to the actual situation of a country or society,not because of how well the system is,but because the country or society is in urgent need of a social system.Our country has the reality and urgency of introducing and improving the punitive damages system,and the debate about the existence,abolishment,function,scope and reform of the system will continue to continue with the social life.The second chapter is the theoretical basis of punitive damages.This chapter introduces the concept,characteristics,nature,function and value of punitive damages.Punitive damages are the amount of compensation that the amount of compensation made by the court exceeds the actual amount of damage.It is characterized by punitive,complementary,private and private incentives for traditional compensation.As far as its nature is concerned,it has both the nature of public law and the nature of private law,so it can be regarded as the economic law system of the two parties.The functions of the system mainly include the compensation function for personal loss,the function of encouraging personal prosecution,the punishment function of illegal behavior,the function of containment and prevention of illegal offense,and finally the control function of social order.The third chapter is the inspection of punitive damages system in foreign countries and regions.The punitive compensation system was first originated in the Rome,but subject to the ancient Rome jurist of public law and private law strictly divided shackles,actually the punitive damages the combination of fine varieties of public and private nature to castration,finally the system could germinate and produce large fruit in the United Kingdom and the United States as the representative of the the common law countries,becoming one of the most important legal system in many of these countries,and the world,including Chinese the majority of other countries to learn from.The fourth chapter of the punitive compensation system in China.The legitimate rights and interests are violated in the practice of our country it is extremely common,so from the earliest consumer protection law,the punitive compensation system gradually into a number of Chinese law,but illegal cases of infringeme nt of the rights have not been well controlled by many,the author summed up the following points.The fifth chapter is the perfection and application of punitive damages system in China.Our country should increase the incentive effect of the infringed,a nd let it actively prosecute the "private prosecutor" of its own rights.What factors should be considered when punishing punitive damages? In order to adapt to the goal of promoting the rule of law in China,the punitive compensation system should be mode rately and rationally expanded.