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System of punitive damages

Author: LiuChunRong
Tutor: SunYi
School: Heilongjiang University
Course: Legal
Keywords: Punitive damages Compensatory damages Civil liability
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 48
Quote: 0
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Abstract

This article first expounds the basic theory problem of punitive damages system, the punitive damages system of connotation, characteristics and the punishment of, containing, compensation, incentive summarized and demonstrates the four big functions, respectively. Then examines the historical evolution of punitive damages system, and the applicable case in judicial practice in Anglo-American law system countries, and also analyzed the mainland legal system country about punitive damage compensation system of theoretical research and judicial practice. In the current law in China has been existing punitive damages provisions, but also has many defects, can not adapt to the needs of economic and social development in our country. This paper USES research methods of historical analysis and comparative analysis, clarified the system of punitive damages in applicable scope, applicable conditions, determine the amount of problems, to our country legislation status quo of current punitive damages system are introduced and analyzed profoundly, and on the basis of using the experience of Anglo-American law system countries, combining the reality of legislation in our country, put forward specific Suggestions on construction of punitive damages system in China.

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