The Basic Theory of Punitive Damages

This article,which is about the basis of punitive damages theory,based on the legislation,doctrine and judicial practice of punitive damages in common law and civil law,made a study on theoretical issues of punitive damages by using of comparative analysis,historical analysis and other methods.The main study focus on the concept of punitive damages,of which in common law theory has undergone a period of confusion with using a series of terms,including Punitory,Imaginary,Speculative Presumptive,Added Damages,until today's Punitive Damages or Exemplary Damages,which is stationary used.When the defendant caused damage to the plaintiff in a malicious,intentional,fraudulent,or laissez-faire manner,the plaintiff can obtain the addition damages excluding the actual damages,the purpose is to punish the defendant,and to provide warning to others and to protect public safety.