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Tort law on punitive damages rules explore

Author: AnJie
Tutor: SunXiaoPing
School: Fudan University
Course: Legal
Keywords: Punitive damages Tort Liability Act Compensation for moral damage
CLC: D923.8
Type: Master's thesis
Year: 2011
Downloads: 93
Quote: 0
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Abstract


Punitive damages infringed in addition to compensation for victims of actual loss based on the requirements of fairness and justice and full and complete protection of individual rights, the court shall order the infringer shall pay an additional damages to the victims. The essential difference exists as a right remedies and compensatory damages, compensation for moral damage and other related systems. Punitive damages system in the common law system has been widely recognized, and gradually adopted by civil law countries and regions, differences exist in punitive damages system build on the different countries and regions, a comparative study, which for our tort law punitive damages system to provide a reference. In recent years, China's tort legislation has expressly adopted this system, to give the victim a certain multiple of damage compensation claim legislative model has become a trend, but punitive damages on our tort system there are still many imperfections , in particular, is a key part of the scope of application of this system, applicable conditions, as well as the amount of compensation calculated in a blank state, should be perfect. The paper is divided into four parts. The value of the first chapter of punitive damages in tort law, first introduced by outlining the significance of punitive damages, and analysis of the nature of punitive damages, punitive damages have a clear understanding of how to. Again, conduct feasibility studies and summarized their function and historical development, and then summed up a reasonable basis for its existence. Finally, the comparison with detailed system to further clarify the value and significance of its independent existence, the basic theoretical platform for further research. Second chapter of punitive damages system Comparative Law, mainly by foreign legislation is a common law system is more mature punitive damages system studied in punitive damages and what for what purpose and behavior applies to determine punitive The amount of compensation for the appropriate two questions to determine the three dimensions of foreign legislation in the scope of the punitive damages system applicable conditions, as well as the amount of compensation summarized, and strive to constitute a comprehensive and systematic understanding of the punitive damages system for our reference history and foreign experience to improve the relevant system to lay the foundation. The third chapter of punitive damages in the current tort system analysis, by combing our current tort law, punitive damages provisions, which are scattered mainly in the \Security Act, and its lack of argumentation and analysis, put forward suggestions for improvement in order to further targeted. The fourth chapter of tort law on punitive damages system perfect. For the inadequacies of punitive damages rules of tort law, combined with the experience of the common law and the actual situation in China, from general legislation on two angles and the special law on punitive damages in the improvement and development of our tort system recommendations .

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