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Punitive damages system research and legislative proposals on China

Author: YuLinLin
Tutor: XuLanBo
School: Shanghai Academy of Social Sciences
Course: Civil and Commercial Law
Keywords: punitive damage function range of application legislation suggestions
CLC: D923
Type: Master's thesis
Year: 2006
Downloads: 270
Quote: 2
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Abstract


Punitive damage is a kind of system of damage which corresponds to the compensatory damage system. It has the function of punishment, precaution and education. Punitive damage system has been pratised in Anglo-American law system countries since a long time ago, and in recent years , it has also been absorbed and used by continental law system countries. Except for discussing the history, the function and the significance as well as the fields of application of punitive damage, the essay also analyzes the feasibility and necessity of setting up the punitive damage system in our country. Bsides, the writer gives the detailed solutions and suggestions on the establishment and pefection of the system. The contents of the essay are arranged as the follwing:Chapter I: The common knowledge of punitive damage system. This part introduces the definition, the legal features and the history of punitive damage system, as well as the differences between it and other related legal terms, such as the differences between it and compensatory damage, the differences between it and penal sum as well as amerce, and also the differences between it and spiritual damage.Chapter II: The punitive damage system in some countries. Although the punitive damage system comes from Anglo-American law, we can also find the trace of it in continental law countries.This chapter introduces some ideas about the application, the development and the current situation of punitive damage system both in Anglo-American law countries and continental law countries.Chapter III:The function and the significance of punitive damage system. In this part, the writer mainly discusses the typical features and function of punitive damage system: punishment, sanction, precaution and education.Chapter IV: The application, inscapes and the fixing of compensation of the punitive damage. Based on the study of application of punitive damage in other countries or districts, this part analyzes and summarizes the fields of application, inscapes, fixing the amount of the compensation of the punitive damage.Chapter V: The proposal on the legislation of punitive damage system in our

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