Comparative Study On Damages For Emotional Distress Of Infringement In News In China And America

This paper has made a detailed comparative study on damages for emotional distress of infringement in news in China and America, and it also has cited a lot of cases and prejudications to demonstrate questions. From that I think there are four problems existing in damages for emotional distress of infringement in news in China. They are :the judges' freedom jurisdiction is too much; the statute cited is hard to be accustomed to the new social life; damages for emotional distress is not efficient in punishment and precautions; the amounts of damages for emotional distress demanded by the parties is too great ,but that they got in fact is low. This paper also puts forward some suggestions on damages for emotional distress of infringement in news in China: paying attention to the function of prejudications; limiting the judges' freedom jurisdiction; making a principle for deciding the amounts of damages for emotional distress of infringement in news; adopting the punitive damages. In the end of this paper, it demonstrates the necessity and possibility of adopting punitive damages.