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Research on Punitive Damages

Author: SunMeng
Tutor: HouXueMei
School: Beijing Technology and Business University
Course: Civil and Commercial Law
Keywords: Punitive damages Compensatory damages Infringement Applicable conditions Scope The amount of compensation
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 75
Quote: 0
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Abstract


Punitive damages system is an important common law countries, civil legal system, in compensatory damages, other than for the punishment of perpetrators of wrongdoing, the deterrence and curb the occurrence of similar behavior, and the judgment of the offender to the victim to pay More than compensation for actual loss. With the continued integration of the civil law and common law, punitive damages system more and more attention of scholars from various countries. First official Consumer Protection Law enacted in 1993 provides for punitive damages, then, one after another in contract law, the Supreme People's Court on the trial of the real estate contract dispute cases applicable law certain provisions of the interpretation of the introduction of the system. \This indicates that China's more widely accepted in the field of contract, tort, punitive damages system for our current punishing malicious infringement, relief to the victims as soon as possible into the world economy legal system, are very useful. This paper is divided into four parts. Part I: punitive damages system overview, definition of punitive damages system, the history of the origins and development status in the common law, civil law to make a general description; function and value of the second part of the punitive damages . Discusses its punishment, containment functions, compensation, and incentive function of the four functions, analysis of the value of the punitive damages system exists; in this part of the third part of the punitive damages regime applicable to the legitimacy of analysis of tort law in China, first described the plight of our current tort relief system, the application of punitive damages in tort and irreplaceable; Part IV of punitive damages in tort law in China specifically applicable to depth. By introducing the \By analyzing the punitive damages system of course there are difficulties on certain defects and applicable, but play an active role in society is undeniable that China now has the feasibility of the application of the system. But need to further regulate the applicable conditions, scope of application and the amount determined.

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CLC: > Political, legal > Legal > Chinese law > China and France
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