【文章內(nèi)容簡(jiǎn)介】
e barriers of the binary division of public and private and the unjustified pensation obtained by the infringer is not unjustified enrichment but has a legal the third part,we parative study the punitive damages in tort parative study the judicial practice of the United Kingdom, the United States, Germany, Japan, China Taiwan and other countries and the parative study,we illustrate the element and scope and pensation of the punitive damages, and the reasonable limits of the punitive in mon law countries and in Taiwan, punitive damages has strict applicable conditions, and there are some limitations about the amount of fourth part is the legislative status and legislative proposals about the punitive damages in tort law section I,we analysis the provisions of the punitive damages in our existing legal and point out the shortings of the current sectionⅡwe describe the barriers of building the system of punitive damages in