Abstract: Punitive damages are a statutory right that can be enjoyed by specific victims, aimed at exerting punitive and deterrent functions. To safeguard the rights and interests of tortfeasors, punitive damages must be determined through litigation. Punitive damages are dependent on compensatory damages, which serve as the basis for their existence. The provisions of the law on the conditions for the application of punitive damages are only provisions for the aggravating conditions required for serious torts that are subject to punishment. A dual legal thinking of considering statutory aggravating conditions after the establishment of compensatory damages is adopted for the constituent requirements of punitive damages. Punitive damages claims cannot be filed separately with a court, but must be accompanied by compensatory damages claims. The establishment of punitive damages and the determination of the amount of compensation are essentially discretionary. The amount of punitive damages should be determined based on the losses that should be compensated, taking into account various factors comprehensively. Due to the fact that a serious tort that should be punished may constitute a crime or administrative unlawful act, when determining punitive damages, consideration must be given to the public law penalties that the tortfeasor should face. 

Keywords: damages; punitive damages; compensatory damages; constituent requirements of punitive damages 

Author: Zhu Guangxin, Ph.D. in Law, research fellow, CASS Institute of Law;

Source: 4 (2025) Journal of Comparative Law.