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Study on the scope of punitive damages

Author: LiLing
Tutor: PengChunLian
School: Huaqiao University
Course: Legal
Keywords: Punitive damages Scope Perfect
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 128
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Abstract

In this paper, the scope for punitive damages system , further study of the system of punitive damages . The scope of the key research punitive damages system is the nature of the system of punitive damages . Therefore , the first part of this paper is to start from the nature of the regime of punitive damages , punitive damages system devoted to an analysis of the basic theory . The second part of a comparative analysis of the scope of the punitive damages system of common law and civil law countries and Taiwan . The third part of our current law on the punitive damages Scope the combing and our theory community discussion on punitive damages Scope and trend analysis based on the expansion of the scope of the punitive damages system . Part IV , respectively, from the field of tort and contract analysis punitive damages system improve the scope of China's legislative recommendations . Punitive damages in order to punish the perpetrator subjective vicious court compensation in excess of the actual amount of damage compensation . Although punitive damages system has been established in our legislation , the scope of application of the punitive damages , however , is very narrow . This stage , China has the conditions to expand the scope of the punitive damages , punitive damages scope of rationality and feasibility of our efforts to expand in China should expand the scope of the punitive damages . On the one hand , in the tort should apply the punitive damages system particularly urgent is applicable in the following areas : the malicious bodily tort of infringement of the environment , intellectual property infringement , securities infringement , physical or verbal abuse , as well as malignant medical tort field . On the other hand , in the field of contract should also accelerate the the system applicable pace . Period of rapid social development , an endless stream of new types of infringement and breach of contract types , and this corresponds to the range of application of punitive damages will inevitably continue to adjust and expand . So that the scope of the punitive damages system performance to changes in the development of a dynamic process of improvement . Of course , the perfection of the system of punitive damages is presented comprehensive improvement in scope , applicable conditions , legislative and other aspects of the results of the joint force . This study hopes to this system the best in the perfect little humble .

Study on the scope of punitive damages

Abstract

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