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On Punitive Damages

Author: LuLin
Tutor: XiaoWeiZhi
School: Xiangtan University
Course: Legal
Keywords: civil liability punitive damages perfect
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 43
Quote: 0
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Abstract

Punitive damages are important common law countries the responsibility system in the development and improvement process is also faced with many of the accusations. Two Legal gradually blend in today’s situation, the civil law countries have started to gradually introduce legislation punitive damages. China’s "Tort Liability Act," the law clearly defines the form of punitive damages, as the "Tort Liability Act," the promulgation and implementation of punitive damages has aroused wide attention as academic departments and the judicial practice of common concern hot issue. Strengthening the system of punitive damages, on China’s legal system and build a harmonious society has important theoretical value and profound practical significance. As an important legal system, punitive damages have a punitive nature, dependent, statutory sexual characteristics. Its value lies in its ability to meet victim’s needs are violated, while ensuring the normal operation of the social order, namely the promotion of social security, maintaining social order and improve social efficiency, achieve social justice. In judicial practice, punitive damages played penalty and sanctions acts of perpetrators of serious faults, violations and to curb the recurrence of similar conduct, damage to the victim a more comprehensive, thorough and effective compensation an important role. Needed boost in the real world, our country fit the trend of private law, civil liability system, and gradually accepted in punitive damages, "Consumer Protection Law," "real estate sales contracts judicial interpretation," "Food Safety Law," "tort Accountability Act "and many other legal and judicial interpretation are set punitive damages. In legislation, China has initially established a system of punitive damages, judicial practice; punitive damages have been gradually carried out. At the same time, we see that our provisions on punitive damages, and its system design and legal practice there are still some defects and shortcomings, mainly for the narrow application of punitive damages, applicable conditions are not complete, the amount has been calculated is unreasonable. Punitive damages against the system of defects, its sound is very necessary. Improve our system of punitive damages, to gradual path to expand the scope of punitive damages, improve the conditions of application of punitive damages, punitive damages in the amount of sound volume set.

On Punitive Damages

Abstract

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