Research on the Application of Punitive Damages in the Tort Law

Punitive damages, court the offender paid to the victims of more than compensatory damages beyond compensation. Its main purpose is to punish and deter the offender's wrongdoing. Punitive damages system since has been generated in the common law system, the endless controversy, but the system is to continue to develop and produce a far-reaching significance. Civil law countries the system overall negative attitude. The relevant provisions of China's legislation on the punitive damages system is not perfect, but the system requires in-depth study of the System is necessary. The first part of the legal definition of punitive damages system. This section first discusses the concept of punitive damages system and historical origins. Then the functionality of the system are analyzed, and that the punitive damages system of punishment, prevention and compensation functions. Finally, compensatory damages and compensation for mental damages, fines, penalties and other comparison, in order to better define the regime. The second part is the rationality of the system of punitive damages in tort law applicable. The first demonstrated the rationality of the system. Second, through the public-private dichotomy obstacles, the the unjust enrichment obstacles breakthrough, reached the system is civil in nature, the infringer obtained compensation is not unjust enrichment, there is a legitimate basis for the conclusions. The third part is the system of the punitive damages in tort. Part through the system and judicial practice in the United Kingdom, the United States, Germany, Japan, Taiwan and other countries and regions, a comparative study to clarify the constituent elements of the system of punitive damages, the scope of application, in determining the amount of compensation, and reasonable restrictions. Whether it is in the common law countries or in Taiwan, the harsh conditions of the applicable punitive damages, and also limited the amount of compensation. The fourth part is the system of punitive damages in tort law system in China legislative status and recommendations. The part of the first section, respectively, of our current legal provisions, provisions on punitive damages system analysis, and pointed out that the lack of regulations. Section II describes the obstacles to build a punitive damages system in our country, and made recommendations to the building of the punitive damages system in terms of constituent elements, the scope of the punitive damages, as well as the calculation of the compensation.