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Tort Law Construction of Punitive Damages

Author: JiangHai
Tutor: LuZhiAn
School: Fudan University
Course: Legal
Keywords: Tort Law Punitive Damages System Construction
CLC: D923
Type: Master's thesis
Year: 2009
Downloads: 225
Quote: 5
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Abstract


The system of punitive damages are originated in England, enriched in the United States, and its influences are across the whole world. Although the system of punitive damages has been in dispute since its establishment, the controversy did not prevent it from development. The reason is that punitive damages fit the trend of private law, make up for the deficiencies of traditional civil liability regime, and meet the needs of mechanism in tort laws of RPC. However, with the development of socio-economic and the complement of legal system, the existing tort law system has become increasingly demonstrating its deficiencies of lagging behind social reality, further introducing of punitive damages system into our country’s tort liability act is of great necessity in order to further maintain the legal order of our country and to make up the insufficiency in the compensatory damages liability system is necessary. This paper attempts to discuss some issues concerning the application of punitive damages in RPC’s tort law, in order to look into its reasonableness and necessity in the tort law of our country, and to address a concrete system for the application of punitive damages system in tort law of RPC.Besides the introduction, exordium and conclusion, the paper is divided into four parts:The first part is an overview of the system of punitive damages. This part introduces the definition, discusses the characters and summarizes the function of punitive damage.The second part discusses the feasibility and necessity of the adoption of punitive damages in RPC’s tort law. After the analysis of the multifarious exclusive reasons, which should not be cited as the denial of introducing of punitive damages in our country’s tort law; on the contrary, punitive damages system should be gradually introduced to our tort law due to its legal value.The third part construes from the original naturally occurring of punitive damages in the common law system countries, to the academic controversy of the abolition, to the continuing expansion on the judicial application, and the amending process of the problems exposed by practice, drawing on its legislative and practical experience.The fourth part mainly discusses several questions as applying punitive damages in tort law of our country, including scope of application, application conditions, and compensatory amount and so on. With the actual situation of RPC, the relevant details are discussed, and the pros and cons of feasible systems are measured, in this article the author try to present an idealized construction of punitive damages system.

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