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The Punishment Reparations System Is Researcied

Posted on:2005-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:P XieFull Text:PDF
GTID:2156360152966248Subject:Law
Abstract/Summary:PDF Full Text Request
Civil responsibility compensation is the main property of civil responsibility, Succeed the common understanding of civil law a learned man for a long time. But to civil responsibility punishment , The mainland law was fastend wholly having carried on the intense inquirement to rightful quality of such being the system of Britain nevertheless is living no matter being living , Yet the debate as before is not not distinctly. But also theory on the punishment reparations of our country researcies to move night . Is essentially the consumer's rights and interests protection laws are draw the punishment reparations stipulation after , Educational circles starts concerning somewhat to that system . Have something to do with punishment reparations research fruit not merely amount to this day seldom , But also be short of the system , Specially , Research penetrate into , The original is developed the locus hand through punishment reparations history for this reason , Means that the application is comparatively analysed , Drift to the punishment reparations theory acting as a system , The easy draws the outline of , In the hope of adjust civil responsibility system of our country is improved helping somewhat. The original in all branch three sections :First of all to the punishment reparations history locus , Feature , Meritorous service capacity , Nature along with is living every state nation legislate situation and differentThe bearing that the state nation pronounced to the external is elaborateed , Cause us possess the preliminary comprehension against the change as to the punishment reparations system tradition , The means writer which by means of comparatively researcied moreover propose several concepts : First of all , The punishment reparations ought to maintain the specified proportion not to there is against the compensation reparations , Against the punishment reparations punishment and keep within limits the illegal action aim one another to disobey ;Next , Whether ought to adapt to the punishment injury reparations ought to propose through snffer , Implement the private law self-government rule so through simply on , Moreover guarrantee that the state power is just the time for the application ; Such is three years old , The punishment injury reparations basic function has only two , Such main meritorous service be able to be repressing the meritorous service capacity ; Secondly taking credit be able to be compensating the meritorous service capacity . The punishment is the statue measure , It is not the aim . As to the excitation meritorous service capacity , Also merely is at best attached ; Such is four years old , Punishment reparations nature ought to be kind possesing public law and the private law property concurrently , And statue responsibility shape that with the private law property is give priority to , The statue responsibility shape rather than giving priority to with the public law responsibility .Secondly, The inquirement has been underway to value to the punishment reparations. By means of compensates teachings to the loss, Civil law punishment , Problems such as ill-gotten gains and so on the inquirement is begined with, Moreover supplement with the psychology , Various sides such as economics and so on information, On theory, The establishment punishment reparations system essentiality and feasible quality up elaborateed in the practice.Being living once more has been underway introspection to the punishment reparations system on the preceding two sections base , Think that the punishment quality reparations not merely is living indirectly willfully below the term , But also be living also ought to to be applicable below the great error term ; Not only be living to invade the Quan Fa territory but also is living that the contract law territory also will be applicable. Moreover be aimed at the fault that the punishment reparations is moreover, Proposeeing some improve the step.Last section profile fundamental thinking summarizing the original, Although pointing out debates to that system som...
Keywords/Search Tags:Punishment reparations, Compensation, Repress
PDF Full Text Request
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