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Study on the Punitive Damages in the Tort Law

Author: WeiXiaoMing
Tutor: YiJiMing
School: Huazhong University of Science and Technology
Course: Civil and Commercial Law
Keywords: Punitive damages Tort Law Product liability
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 89
Quote: 0
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Abstract


Punitive damages,which is rise in Britain, developed in the United States, the system is different from compensatory damages system for the harm principle to fill a special present.From 1994 the "Consumer Protection Law" to 2010’s "Tort Liability Act", the punitive damages in china are scattered about the civil and economic law and judicial interpretation of a single law, in particular, including "the interests of consumers Protection Act, "" real estate contract dispute on the trial case law applicable to a number of issues of interpretation, "" Food Safety Law "," Tort Law ".The "Tort Law" Article 47 states: "knowingly defective product is still the production, sales, causing death of another person or serious damage to health has been infringed the right to request punitive damages accordingly." This provision of the Tort Law is not onlyscholars and the public response to the strong demand, but also for our society in recent years, frequency compensation of tort cases provide the solution."Tort Law," the introduction of punitive damages, marks of a great progress in civil legislation, reflecting the subject of our current interests and needs of various civil, but tort law punitive damages are not perfect.From the very concept of punitive damages, analyzing the function of the system and social values, focusing on punitive damages in tort liability law applies to issues of tort law, punitive damages, defects and for defects in the lawsome suggestions, recommendations from the scope of punitive damages, the amount determined for the conditions and amount of improvement in three aspects, first of all, proper broaden the scope of punitive damages, the punitive damages for environmental tort type; Second, relaxationconditions of application of punitive damages, the legislature explicitly proposed "knowingly" the specific meaning of the word, and give the results for the damage to the rigid rules; Finally, the amount of punitive damages explicitly set the amount of the proposed tort liability in the amount specified amount of lawgiven principle, the most high and considerations.

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