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Judicial Application Of Penalty In China

Posted on:2016-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:Q SuFull Text:PDF
GTID:2206330461459058Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
In social and economic activities, the deposit guarantee system as an important way of debt, a considerable part of the deal when you sign a written agreement body against future violations that may occur while attached to negotiate the terms of the deposit. In either event of default behavior, because of the different market players breach the terms of the deposit involved in understanding or lazy to take the initiative to fulfill the breach, resulting in trade disputes between civil subjects were upgraded to litigation were submitted to the judicial referee. In judicial practice, the judge in different parts of different types of deposit and its role and meaning of the understanding of the deposit type and deposit provisions applicable to the specific contract deposit penalties involved, there are differences found in nature, resulting in its to contradictory results, according to the fuzzy decision. Therefore, we believe it is necessary to study the nature of the breach of the deposit in order to clarify the nature of its punitive and other damages and compensatory effect of the boundary between the deposit while the default application specification clear.The first part is the case, the paper cited the two parties requested compensatory damages and breach of contract deposit applies parallel case but get different judgments, while thinking this paper leads to the system of the present situation of the deposit.The second part, the main contents of the status and the legislative status quo deposit system outlined in our legal system. Then expand the interpretation of specific penalties applicable to deposit different types of deposit and its function in nature. By determining the entry into force of the deposit contract and the fact that part of their study of the practice of contract breach of the deposit paid in advance.The third part is the role of the main content of the deposit and punitive damages in the deposit penalties for elaborate and highlighted in breach of the deposit is generally in the form of deposit stipulated in the existing legal system, which not only punitive, while the objective existence of compensatory damages efficacy of observant suffer. Punitive damages due to breach of the deposit has a description of its existence and the nature of the differences in compensatory damages, the two concepts should not be confused or replace applicable shall ascertain the facts on the basis of each request for punitive damages and compensatory damages determination of the nature of the request.The fourth part of the liquidated damages regime with punitive damages in civil law applicable to analyze the nature of the pros and cons of punitive damages in the field of private law, and as a basis to conclude that the integrity of the case in view of the current status of our country, a major market transaction security behavior does not threaten the integrity of the body from the market rather than the high punitive damages caused by the decline in economic efficiency, judge at the discretion of punitive damages should give more consideration to social factors to reduce the amount of punitive damages could adopt a more cautious.The last part, for the current part of the administration of justice and court personnel were punished for a clear understanding of the nature of the breach of the deposit, as well as the nature of the compensatory damages of confusion with reality, with the advice of some scholars put forward three proposals, including: 1, the specification of deposit types and concepts in formal legislative activities; 2, the relationship between the deposit and processing rules breach between compensatory damages and to make specific provisions; 3, it should be in the judicial interpretation for the deposit type and circumstances applicable to common clearly defined.
Keywords/Search Tags:Deposit penalties, Penalty, Advance in the breach of contract in, Punitive damages, Compensatory damages, Transaction security
PDF Full Text Request
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