| The system of punitive damages judgment originated from the United Kingdom but developed in the United States.As the country with the most extensive development and application of punitive damages judgment,the position of punitive damages judgment has been constantly strengthened in the process of the United States economic development.At the same time,the development of the world economy makes the exchanges between countries increasingly close.Various disputes caused by economic exchanges have led to a large number of punitive damages awarded by the United States in recent years.The recognition and implementation of American punitive damages in foreign countries has gradually become a hot topic in the academic circle.In this paper,the research area is limited to the United States,and the recognition and enforcement of American punitive damages in foreign countries is taken as the research object,after analyzing the present situation of the enforcement of punitive damages in the United States abroad,we respectively discuss from the following three aspects that the reason of a punitive damages judgment on the outside can get the recognition and enforcement--the nature of punitive damages judgment whether determination,has violated the public order and follow what principle of the proportion.At the same time,through analysis the reason that to punitive damages judgment can be recognize or not,further put forward experience and summed up the development of related system in China,our country should learn from foreign segmentation model,and divide the compensation into compensatory damages and punitive damages,make a distinction between different compensation,recognition and enforcement to compensatory damages,and refused to acknowledge the punitivedamages,that this is not only a mode which have the highest applicability in today’s judicial practice a pattern,also is a kind of model the author thinks that the most reasonable.This mode can provide guarantee for our country to better integrate into the world economic environment and achieve international integration. |
