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Punitive Damages Rules. Tort Discussed

Posted on:2012-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:J AnFull Text:PDF
GTID:2206330335997510Subject:Law
Abstract/Summary:PDF Full Text Request
Punitive damages is the compensation that the court order the defendant to pay additional damages to the victim, which is in addition to compensation for actual loss of the victim based on the requirements of fairness and justice. As a kind of right relief, it is essentially different from compensatory damages and compensation for mental damages. Punitive damages have been widely recognized by common law countries, and have been gradually adopted by civil law countries and regions. In this thesis, I try to provide reference for the establishment of the system of punitive damages in China tort law through the comparison between the systems of punitive damages in different countries and regions. In recent years, China has explicitly adopted this system in tort law, and the legislative model which gives the victims right of claim for compensation has become a trend. But in China tort law of punitive damages is not inadequate. There are still many gaps in key components of the system, especially in the scope of application, the applicable conditions, and calculation method of the amount of compensation, which need improving.This dissertation consists of four parts. The first chapter is the value of the punitive damages in tort law. Firstly, the author gives a clear concept of punitive damages by introducing the importance of punitive damages and analyzing its nature. Secondly, the author sums up the basis of the rationality of its existence by means of expounding and concluding the function and historical development of punitive damages. Finally, through the comparison with detailed system, the writer tries to further clarify the value and significance of independent existence of punitive damage system, in order to gain a basic theoretical platform for the next step.The second chapter is the comparison of punitive damages in different countries. The author compared punitive damages in the scope of punitive damages, the suitable conditions, and the amount of compensation to give a comprehensive and systematic understanding of punitive damages.The third chapter is the analysis of punitive damages in china tort law system. The author analysis the existing provisions on punitive damages in tort law, mainly scattered in the tort liability Act, the Consumer Protection Act, and the Food Safety Act for further specific suggestions.The Fourth chapter is the improvement of punitive damages in tort law in China. The author gives recommendations to improve punitive damages in China tort law, combined with the experience of the common law and the actual situation in China, which contra pose the shortcomings of punitive damages in China tort law.
Keywords/Search Tags:punitive damages, tort law, compensation liability for emotional damages
PDF Full Text Request
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