【正文】
the main purpose is to punish and deter the there is a great controversy about punitive damages since it is produced in the mon law,the punitive damages grows continuously and has deeply civil law countries overall negative the punitive legislation of our country regulates the institution of punitive damages,but it is not is necessory for us to research the punitive damages the first part,I define the punitive first we discuss the concept and historical origins of punitive we analyze the function of the punitive damages, which includs the punishment function, prevention function and pensation function, and finally we pare it with the pensatory damages, mental damages, fines, penalties in order to better defining the punitive the second part,we discuss the rationality of the punitive we demonstrate the rationality of the punitive damages,then we proof the punitive damages has the nature of civil law through breaking th