On Perfection of Punitive Damages System in China - from the Perspective of Promoting Social Harmony Governance

摘要

Punitive damages system is designed to response to the damages caused by the malicious torts due to the defects of traditional compensatory damages system in the tort relief. Nowadays in China, the social unfairness and disharmony resulted from the lots of torts caused by the advantaged to the disadvantaged call for more applications of the punitive damages system. In practice, the current system of punitive damages system takes on many shortages, such as limited application scope, difficulties in determining the amount of compensation, willfully being infringed etc. Therefore, from the perspective of promoting social harmony governance in China, the measures such as strengthening legislation and relevant judicial interpretation and extending the application scope and so on should be taken to perfect the punitive damages system.