Research On The Application Of Punitive Damages System

As a damage compensation system,punitive damages took its rise from the common-law system.The main function of the punitive damages system is not only works as a kind of compensatory role for victims,instead of operates as an additional amount of compensation which must be paid to punish the perpetrator after compensating for the loss of the victim,at the same time,the punitive damages system also acts as a deterrent to others who do not commit the same illegal act yet.After reading a great amount of literature,this paper finds that there is still a knowledge gap in the research on the punitive damages system,there is still no systematic research on the application of the punitive damages system in China.Specifically,since the usage scenarios of the punitive damages system are subject to the limitation of the level of ’solving real social problems’,this system is only applicable to infringements under some special backgrounds,with a relatively strict conditions and narrow scope of application.Also,the compensation amount is relatively rigid,which makes the punitive damages system unable to give full play to its effect.This article will respond to and demonstrate the above problems one by one,and propose solutions to existing problems and suggestions for improvement.Apart from the introduction and conclusion,this paper is divided into four parts:Regarding to the chapter one,this paper distinguishes the differences and similarities between compensatory damages and punitive damages based on the reviewing of the definition and characteristics of the punitive damages system.After expounding the meaning and characteristics of punitive damages,a preliminary understanding of the punitive damages system is formed as a whole,and then,combined with the overall understanding of the punitive damages system,the value of punitive damages is analyzed to analyze its value basis and specific legal value.The second chapter is first concerned with the current legal regulation in terms of punitive damages in China from the perspective of legal aspects,and then looks at the challenges existing in the application process regarding with current punitive damages system,such as deficiencies in the scope of application,the excessively strict and unclear provisions of punitive damages liability.Chapter three gives a brief overview of the 200-year judicial practice of the punitive damages system in common law countries,the academic research on punitive damages by scholars from civil law countries,and the actual situation of judicial enforcement of punitive damages.The overview of the application of extraterritorial punitive damages,starting from the scope of application,application conditions,and calculation standards,can get a lot of enlightenment on the application of punitive damages,so as to pave the way for reasonable recommendations in the next chapter.In the fourth part,aiming at the various problems raised above,referring to the theory and practical experience of extraterritorial punitive damages,and as a result of my country’s national conditions,it puts forward pertinent suggestions for improvement.Finally,the fourth chapter analyses the finding of research,and puts forward a series of targeted suggestions in the following three aspects based on the combination of the relevant theories and experiences of foreign countries on punitive damages and the actual situation in China: 1.Reasonably delineate the scope of application of punitive damages in my country;2.Clarify the applicable conditions of punitive damages;3.Scientifically formulate compensation standards.