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Discussion on Punitive Damages System Perfection of Our Country’s Tort Liability Law

Author: GaoJing
Tutor: WangYanMing
School: Jilin University
Course: Legal
Keywords: Punitive Damages Product Liability Quantum of Damages Mental Injury
CLC: D922.16
Type: Master's thesis
Year: 2011
Downloads: 307
Quote: 3
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Abstract

In recent years, significantly faster economic development, but development of the market is not perfect, is not sound legal norms, the market appeared a large number of defective products and drugs, to lives and property of citizens enormous threat and damage . This article is for the foregoing, the need to further improve our system of punitive damages in order to effectively protect the legitimate rights and interests of citizens.This system of punitive damages separately from the overview, historical development, scope, components and function of punitive damages issues in practice and build six aspects of the system were discussed.First, the concept of punitive damages and legal value of broad features, in this based on common law and civil law on punitive damages comparative analysis of the different provisions, in which punitive damages in some common law Department of State has been recognized, which typically is the United States, and civil law countries in the civil legislation, judicial practice has been not to accept punitive damages. However, in recent years, some civil law countries and regions, the introduction of punitive damages, For example, in the German Civil Code, Civil Code of France began limited recognition of punitive damages, but they believe that the tort system does not apply; in Japan, despite the current punitive damages law has not been recognized, but in theory , the positive view of punitive damages is being increased; In addition, China Taiwan, especially in many civil law system of punitive damages to make regulations. Of particular note is that China is in favor of punitive damages into the legal system, from the "Consumer Protection Law" to "Food Safety Law", to "Tort Liability Act" to develop, that punitive damages have been formally incorporated into China’s legislative system.Second, respectively, from the scope, components and functions of the three aspects of domestic and international system of punitive damages analysis. This article discussed the scope of punitive damages, including two aspects: First, the applicability of punitive damages in a contractual relationship; the second is whether punitive damages for tort liability, if applicable, for how much space can be problem. Constitute a punitive damages system includes elements of general terms of two aspects, namely, the subjective element, objective elements. The function of punitive damages include three aspects, namely, compensation, penalty function and containment features, the three decided the punitive damages play a role.Again, the discussion of punitive damages a problem in practice, such as the calculation of the amount of punitive damages is not clear, punitive damages narrow the scope of punitive liability system is not perfect and so on.Finally, I put forward some solutions for the above measures, and made some system of ideas, such as calculating the amount of punitive damages the idea, and expand the scope of the concept of punitive damages and a full sound system of punitive damages the concept as a basis to enrich and improve the system of punitive damages.

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