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On Punitive Damages System

Posted on:2007-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:H P ZhaoFull Text:PDF
GTID:2166360185978357Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
During these several years because of the drafting of Civil Law Code in China, there has been an upsurge of doing research on Punitive Damages in our country which has been widely adopted by Anglo-American Legal System in civil cases. The author attempts to establish the system of our country's punitive damages system and puts forward his own views. The author elaborates the definitions of the punitive damages in his own views. This dissertation analyses that Punitive Damages have four characters. Punitive Damages is Special civil responsibility. From the comparison investigation, this text probe that the different nation made the comparison respectively in the"punitive damages", The mature way of doing in the Anglo-American law system provide the experience for our country very greatly. The article carries on the analysis in the necessity and possibilities in our country. The forth chapter is a core of this article. The author advances his own views about the scope and conditions of the application of'punitive damages'etc. This paper concludes that since the punitive damages belongs to the civil case responsibility, it should be brought into the civil code.
Keywords/Search Tags:Punitive damages, compensatory damages, Special civil responsibility, Civil code
PDF Full Text Request
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