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A Comparative Study of Punitive Damages between Usa and Germany and Its Enlightenment

Author: LiXiang
Tutor: ChenNianBing
School: South China University of Technology
Course: Civil and Commercial Law
Keywords: Punitive damages Theoretical basis Scope Calculation Considerations
CLC: D923.8
Type: Master's thesis
Year: 2010
Downloads: 118
Quote: 2
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Abstract


Fully compensated under the guidance of the principles of compensatory damages compared with the civil law, the pursuit of the purpose of punitive damages is not to compensate for the damage suffered by the victim, but to punish the specific behavior of the defendant, and prevent similar acts from happening again. The liability to punishment and prevention, as the main purpose and function. Punitive damages regime by the United States and Germany comparative study of the punitive damages the health of this system under different social conditions, by the empirical fact that the two countries as well as the study of the theoretical results, refine the punitive the objective laws governing the operation of the damages, and the situation of the two countries learn to view the current status of punitive damages, and presented the perfect idea. Post subject is divided into four parts: the first part: \That part of the basis of the full text, through History compensation for punitive damages in the United States, and Germany as well as the theoretical basis of the difference compare on punitive damages, the legal basis, pointed out that the theory of the two countries for the public and private law divide The different attitude is the main cause of punitive damages in the two countries showed different development routes. Part II: \purpose, and summarizes the field of application of punitive damages as well as for the wrongdoing characteristics. Part III: the United States, Germany and punitive damages calculation Comparative Study. \Punitive damages ultimately by the size of the amount of public perception. In the calculation of the amount of the factors that should be considered and how to impose the necessary restrictions are full play to the important part of the punitive damages function. Partly through a comparative study, summarized the factors that should be considered in determining the amount. Part IV: \That part of the summary before, and use of the former by comparison study demonstrated the particularity of punitive damages, and view the inadequacies of our system of punitive damages, as well as the corresponding system conceived.

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