Dissertation > Excellent graduate degree dissertation topics show

Research on the Real Estate Transactions in the Issue of Punitive Damages

Author: SunXiaoFeng
Tutor: JiangFan
School: Southwest University of Political Science
Course: Economic Law
Keywords: Punitive damages Punishment and containment functions Law Responsibility Commercial housing consumers
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 86
Quote: 0
Read: Download Dissertation

Abstract


Punitive compensation system in the modern sense originated in the common law system, after 200 years, the development has become a very important legal liability system. System for punitive damages, civil law countries and regions has generally taken a boycott and confrontational attitude, adhere to a strict division of public and private law, because the civil law tradition, legal theory, claim damages ought to abide by to fill the loss, the principle of homogeneity relief The emergence of punitive damages system will undoubtedly be formed on the entire liability system. Although some of our single-line legal norms have been introduced punitive damages, however, due to the country by the Civil Law from the legislative tradition, so the punitive damages system in our country since the introduction of since, has been controversial . In 1993, China enacted the interests of consumers Protection Act (the text referred to \real estate sales contracts disputes to trial case law applicable to a number of issues of interpretation \the sale of real estate disputes system. This is a major breakthrough in China's legislative, the \relations, etc., has sparked widespread debate in the theoretical and practical circles. In response to the above-mentioned issues and controversies, this article discusses the following four parts, in order to be able to some extent to quell the controversy, and resolve problems. The first part, Introduction to the theme of the punitive damages system, meaning and main features of the system, the nature of imputation principle, basic functions, system origins. Which, I emphasize the punitive compensation system to punish and deter wrongdoing as its primary function, fault liability as essentially the consistency of the Principles of Responsibility Law Responsibility. The second part, on the necessity and feasibility of the introduction of the system of sale of real estate. On the one hand, it is pointed out that at this stage of the introduction of the system in the field of real estate transactions have the necessity, on the other hand, focus on how to overcome the to crack existing theoretical dilemmas and practical obstacles. The third part of a profound analysis of the specific legislative provisions for punitive damages in the sale of real estate in China. In the affirmation of the positive effects of the legislation in force at the same time, efforts to point out all the flaws and shortcomings exist in current legislation. The fourth part of the Reconstruction and suggestions for improvement of China's sale of real estate in punitive damages system. Detailed and targeted on the basis of the analysis of several legislative ideas to academia illustrates the author's specific recommendations, especially in the attribution of punitive damages, proposed the idea to establish the victim with social sharing mechanisms.

Related Dissertations

  1. The Research on the Criminal Regulation of Food Safety,D924.3
  2. On punitive damages applicable in our news infringement,D923
  3. Civil Liability of China’s Food Recall System,D923
  4. Study on Attribute of Economic Law Liability of Defect Product Recall,D923.8
  5. Study on the Application System of Punitive Damages in Food Safety Act,D922.16
  6. The Legal Definition of State Commercial Act,D996
  7. Research on the Compulsory Contracting Legal System Consummating of China,D913
  8. A Study on the Responsibility of Economic Law Based on the Enterprises, Intermediate Class of Society and Government Research Framework,D912.29
  9. Research on Punitive Damages as Economic Law Liability,D922.29
  10. The Legal Remedies for Disputes in the Transaction of "Haunted House",D923
  11. On the main liability of the tax law,D922.22
  12. Noncompete obligation to leave after workers,D922.5
  13. Peacekeeping force in violation of international humanitarian law , the question of attribution,D99
  14. Administrative accountability system in China under the rule of law horizons,D630.1
  15. Defining Study on the Concept of Law Responsibility,D90
  16. Research of the System of Punitive Damages,D923
  17. Research on punitive damages,D923
  18. The Research on the System of the Application of the Punitive Damages in Our Country,D923.8
  19. On Punitive Damages in Liability of Breach,D923.8
  20. Research on Product Tort Civil Liability,D923

CLC: > Political, legal > Legal > Chinese law > China and France
© 2012 www.DissertationTopic.Net  Mobile