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Our product liability punitive damages system

Author: FangYuBao
Tutor: GuoJian
School: Fudan University
Course: Legal
Keywords: Product liability Punitive damages Improve the system
CLC: D923.8
Type: Master's thesis
Year: 2011
Downloads: 161
Quote: 0
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Abstract


The punitive damages system is unique to Anglo-American law , but with the gradual integration of the two legal systems , learn from each other , civil law countries and regions are also constantly attempt is made to maximize the effectiveness of the punitive damages system . Our society today , there are many violations of the defective product , the time of personal and property interests of the community is facing risks, therefore , our major significance of the establishment of punitive damages in product liability . However , due to the legislation of the punitive damages started late, and there are quite a lot of obstacles on the theory and practice , the actual effect of punitive damages in product liability not really play . Thus, we have reason to expect , our product liability punitive damages system through continuous theoretical study and practical exploration , the tort will open a whole new future . This article is divided into three parts of the introduction, body and conclusion . The text is divided into three chapters. Chapter by an overview of the status of punitive damages in product liability legislation , and then point out the inadequacies of our punitive damages in product liability system , including the applicable punitive damages , punitive damages in the amount of computational problems , and to punish exemplary damages enterprise Bankruptcy law \The second chapter, the general theory of punitive damages , including the concept of punitive damages , the characteristics , the nature and function , as well as punitive damages trends in of Two Schools countries and region . The third chapter of the content to improve some of the recommendations made ??by the author of punitive damages in product liability system , including the definition of products and product defects , and then determined the mode of calculation of the amount of punitive damages as well as the \\

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