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The Recognition And Enforcement Of Foreign Punitive Damages Judgments

Posted on:2007-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y J HeFull Text:PDF
GTID:2166360182477556Subject:International Law
Abstract/Summary:PDF Full Text Request
Over the centuries, the institution of punitive damages derived from and developed in Anglo-American law system. It affects Anglo-American law system countries significantly in preserving social safety and consummating public morality .With the development of globalization, it is an obvious tendency that the Anglo-American law system and continental law system integrate with each other gradually. Punitive damages, which award mainly in Anglo-American law system, have made a deep impact on continental law system's theories and cases. To some extent, the application of punitive damages comes forth in some of continental law system countries.The legal system of P.R.C, which inherited a lot from continental law system and Soviet Russia, traditionally recognized compensatory damages and denied non-compensatory damages. However, regulations related to punitive damages have appeared both in legislation and judicial interpretation. Therefore, on the one hand, according to these regulations, the punitive damages judgments given by courts in our country probably need recognition and enforcement abroad. On the other, foreign punitive damages need recognition and enforcement in our country as well.At present, the jurisprudential circle in our country chiefly probes into this kind of issue from the aspect of civil law. Nevertheless, there is no legislation concerning the recognition and enforcement of foreign punitive damages yet and there isn't sufficient discussion from the aspect of International civil procedural law either. This article synthetically utilizes the method of comparison, theoretical analysis and demonstration analysis to expound juristic theories with regard to the recognition and enforcement of foreign punitive damages judgments. By comparative research on several countries' doctrines and rules such as U.K., America, Germany, France, Japan etc., the author tries to consummate the theory system and demonstration analysis in order to provide practical legislative authority and figure out the countermeasure to the problems existing in reality.
Keywords/Search Tags:punitive damages, the recognition and enforcement of judgments, the recognition and enforcement of foreign punitive damages judgments
PDF Full Text Request
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