Research On Legal Character Of Penalty

The purpose of research on the legal character of penalty is to definitely recognize the character of"Contract Law", and point out the disadvantages and laminations through analyzing the character of penalty; analyze the compensative and punitive of penalty combing the situation of our nation, and rededetermine the nature of penalty in"Contract Law"of our nation; eventually pose the suggestion on improving the penalty legislation in order to explore the establishment of more scientific and rational penalty system further.This paper introduces the viewpoints in the order of bringing forward the problem-analyzing the problem-solving the problem.Chapter One reviews the characteristics of penalty in our nation historically. From Han dynasty to late Qing dynasty the penalty of our nation is adjusted by customary law, and its charter is punishment to the person who breach-of-promise. In the late Qing dynasty, the penalty legislation emerged, its character still focused on punitive, and gradually recognized its compensative. From the establishment of new China to the reform and open policy, the legislation of penalty is effected by Russia's deeply, and legal penalty with evident punishment once takes the dominant position. In the late and middle of 1980s, the penalty legislation began to adopt the legislative thoughts of civil law system, and gradually attaches importance to penalty legislation, however, whereupon the penalty war began. The thickness of articles on united contract law came on in 1991 causes more arguments, there are three main standpoints: the first viewpoint is that the penalty is compensative, never embodies its punitive, and the punitive of penalty is not accept on legislation; the second viewpoint is that the penalty has both compensative and punitive: the third viewpoint is that the character of penalty...