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Punitive damages regime applicable in China

Author: YangNa
Tutor: DuanKuang
School: Fudan University
Course: Civil and Commercial Law
Keywords: A low penalty sexual compensation Compensation for moral damage Punitive damages
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 180
Quote: 1
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Abstract


As a relatively large number of legal systems applicable in common law countries, the punitive damages of concern and controversy. Since the provision of the relevant provisions of the Consumer Protection Act and other laws in the academic study gradually increased, the mainstream view is that our country should be provisions in the Civil Code and the Tort Liability Act, which punitive damages system, but for punitive damages how specific provisions of the differences. \In addition, how to interpret and improve existing provisions in the future of judicial interpretation of the Tort Liability Act and the Civil Code, which is also the need to continue to explore. Punitive damages system applicable for the study of historical analysis, comparative analysis, the purpose of analysis, economic analysis and other methods of punitive damages in recognition of applicable. The text is divided into four parts. The first part of the combing of punitive damages in the course of China's development: from punitive damages system in civil law countries incompatible to the fragmented nature of the punitive damages law set by our social reality, and then to our academic For the system of research, and ultimately the formation of important laws of our country in the field of civil law defined punitive damages and compensation for moral damage coexistence situation. Along this journey, the application of the punitive damages issue became academic focus of the research. The second part from the history of punitive damages in the Two Schools National History focus, the meaning of the punitive damages system characteristics, the main purpose and function, which analyzed its significance for our system. But on the other hand, history has created a variety of factors, but also to become in our country to recognize and apply the theory of punitive damages to face obstacles. Third part combined with punitive damages system itself connotation and China at the same time provides for punitive damages and compensation for moral damage of the status quo, from the \based on the legal provisions of punitive damages in our scope of application and the applicable conditions. Punitive damages in addition to the provisions in the Tort Liability Act which, in the specific circumstances in the field of contract law should apply. In the field of tort law, can be considered appropriate to limit the spirit of damages and to expand the scope of application of punitive damages, restore the original provisions in compensation for moral damages punitive factors which go into the punitive damages system. Subjective state of intent, gross negligence and wrongdoing of course applicable conditions as punitive damages, but it is recommended not to damage the results as a necessary condition for punitive damages applies, and highlight its functionality to punish and deter. The fourth part of some cases in the common law countries, judicial practice, to focus on the question of how to determine the amount of punitive damages to be beneficial to our judicial practice. Of punitive damages should be set certain limits while remaining flexible to the specific case of the referee of Justice should uphold the penalty fairly and effectively curb the principle factors that could be considered include: the wrongful act itself can be blamed, compensatory damages compensation and other liability for punitive damages, as well as economic factors of the economic level of the status of the property, and the seat of the Court of the wrongdoing people of punitive damages. In this regard, in the legislative process of our Civil Code and the judicial interpretation of the Tort Liability Act can look forward to.

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