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Punitive Damages in China’s Law System

Author: WangHaoYu
Tutor: HuGuangZhi
School: Chongqing University
Course: Legal
Keywords: Punitive damages Compensatory damages Civil liability
CLC: D923.8
Type: Master's thesis
Year: 2011
Downloads: 95
Quote: 0
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Abstract


In common law, the laws of the United States, the punitive damages system is a very controversial legal system, but also the judicial practice of the Anglo-Saxon countries, resulting in significant impact should not be underestimated. However, in the vast majority of civil law countries generally do not recognize the system. Of course, in China, the rationality and feasibility of punitive damages in the system and the system should be introduced in our judicial system, there are very many scholars have done a lot of fruitful research, and Consumer Protection Law, food safety reflected in a series of laws and regulations of the Law, Tort Liability Act. But at the same time the domestic voice of opposition to the introduction of this system is also prevalent. Not to reference what conditions apply, as well as how to apply a great deal of controversy. Fact, China is in a period of rapid development of the socialist market economy, spiritual culture and material interests conflict intensifying, product quality issues, malicious fraud, intentional tort, large-scale food safety issues in recent years, the frequency of Vietnam higher and higher. The current Chinese society, are in urgent need to introduce like punitive damages system this will happen again to stop such malicious harm behavior system. This paper, in order to examine, learn from abroad about the origin and development of the system of punitive damages, as well as its successful experience, combined with our legislation and the social status quo, propose targeted punitive damages system development, in order to enrich and expand our theory of damages. The paper is divided into five chapters: the first chapter, mainly on the punitive damages system research background, significance; research status at home and abroad;'s research aims and methods, as well as a major innovation. General interpretation of the second chapter of punitive damages system in punitive damages system concepts and features; distinction between traditional damages; its practical significance, legal attributes and functions. Chapter punitive damages regime abroad trips, primarily to examine the history and current status of the foreign system of punitive damages, and by drawing on their successful experience to figure out how to improve our revelation of the punitive damages system. Fourth chapter of our current legal status quo and Analysis of punitive damages system mainly is to examine the history and current status of the elaborated China's punitive damages system and for punitive damages in the typical \the penalties whether punitive damages, punitive damages provisions of China's intellectual property laws, a critical analysis of the issues involved in the \Chapter improve our punitive damages system thinking, focused in the fourth chapter Analysis presented in the two constituent elements of the system and the amount of punitive damages to determine how to improve the thinking.

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