The civil liability of punitive damages first emerged in the Law of Consumer Protection.Afterwards,that system was established in Contract Law,Food Safety law,Tort Liability Law.Besides,in the interpretations issued by the Supreme Court,there are also regulations concerning the liability of punitive damages.However,there are some difference between the statutory rules and the interpretations the subjective elements and compensatory limits; thus,disputes still exist in the academic circle.Ⅰ.The legislation mode of liability of punitive damages The punitive damages first emerged from the case law in Anglo-American Law.Later,punitive damages were confirmed by legislation of states in US.In the continental law countries,there are no punitive damages in the civil codes,which is closely related to the distinction between private law and public law and the functional orientation of liabilities of private law. The Consumer Protection Law,as a special civil law,first establishes the liability of punitive damages in China.The Contract Law also contains the liability of punitive damages in the domain of contract.The Tort Liability Law also establishes the liability of punitive damages in the product liability (tort liability).So,as for the reasons from which the civil liability may incur,we can see that in both tort law and contract law,the liability of punitive damages may be applied.Therefore,it is well-reasoned that liability of punitive damages should be included in the civil code of China.However,that does not exclude that liability of punitive damages is included in the special regulations of civil law,the reasons for which are that:first,the parallel legislations of civil code and special civil laws are the basic structure in civil law countries;second,after the legislation of civil codes,in case of necessity,separate regulations can be established and the punitive damages can be applied in certain civil areas. The civil liability of punitive damages first emerged in the Law of Consumer Protection. Afterwards, that system was established in Contract Law, Food Safety law, Tort Liability Law .esides, in the interpretations issued by the Supreme Court, there are also regulations concerning the liability of punitive damages.However, there are some difference between the statutory rules and the interpretations the subjective elements and compensatory limits; thus, disputes still exist in the academic circle.Ⅰ.The legislation mode of liability of punitive damage from the case law in Anglo-American Law. Lot, punitive damages were confirmed by legislation of states in US.In the continental law countries, there are no punitive damages in the civil codes, which are closely related to the distinction between private law and public law and the functional orientation of liabilities of private law. The Consumer Protection Law, as a special civil law, first established the liabili ty of punitive damages in China.The Contract Law also contains the liability of punitive damages in the domain of contract.The Tort Liability Law also establishes the liability of punitive damages in the product liability (tort liability) .So, as for the reasons from which the civil liability may incur, we can see that in both tort law and contract law, the liability of punitive damages may be applied. Wherefore, it is well-reasoned that liability of punitive damages should be included in the civil code of China. However, that does not exclude that liability of punitive damages is included in the special regulations of civil law, the reasons for which are that: first, the parallel legislations of civil code and special civil laws are the basic structure in civil law countries; second , after the legislation of civil codes, in case of necessity, separate regulations can be established and the punitive damages can be applied in certain civil areas.