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Punitive Damages

Author: ZhangXiaoZuo
Tutor: WuYongMin
School: Zhejiang University
Course: Economic Law
Keywords: Punitive damages Product liability Punishment Idea
CLC: D923.8
Type: Master's thesis
Year: 2011
Downloads: 103
Quote: 0
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Abstract


With the gradual increase of product defects , product liability punitive damages system has been the introduction of relevant laws and regulations established . This article will focus on how to improve our product liability punitive compensation system to discuss . This paper consists of five parts . The first part starting from our case leads to the discussion of the issue of product liability , pointed out that the punitive damages system needs . The second part of punitive damages related to the concept of constituent elements . The third part is to explore from a comparative law perspective Two Schools of product liability punitive damages system and draw inspiration punitive damages system can be transplanted and localization , applications need to be cautious . Part IV discusses the rationality of our product liability for punitive damages . Required for punitive damages , and China 's \The fifth part is to improve our product liability punitive damages system concept , I believe that legislation should be the establishment of a unified and discrete combination mode at the same time , you should pay attention to the punitive damages system and moral damage compensation system , product recall system as well as the coordination of administrative , criminal responsibility . In determining the amount of compensation , I propose that the compensation should be based on the victim 's actual damages based on the amount of compensation should be for its damage to 1-3 times .

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