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A Punitive Damages

Posted on:2007-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:C X FuFull Text:PDF
GTID:2206360185472118Subject:Law
Abstract/Summary:PDF Full Text Request
Punitive compensation is compensate the system of punishment and determent, it is different of equal compensation of continent law, it is controversy system. this article explain constitute of punitive compensation and build of punitive system to solve imitate and sham bad product. the article includes four parts.The first part analyze punitive and compensate the system of the all times and all countries ,explain the punitive and compensate the system. punitive and compensate the system on the modern sense have had history for more than 200 years, then it is accepted by U.S.A . by 20 century, as appear of large company and large enterprise ,in large number, All kinds of unqualified commodity formed serious damage to consumer, punitive and compensate system apply to the responsibility of product gradually ,Also number of compensation unceasingly increase. attitude of continent law also change this system, from negation completely to limited recognition. our country's legislation also set punitive and compensate system in field of responsibility of product. perfecting punitive and compensate system of product is the need of punishing and containing the unlawful behaviour. protective law of the cousumer's rights and interests has the limitation on 49 clause, the field of application is marrow, determining of compensation money lack the flexibility ,less than to contain the delict people, the government's the cost of management is high, our country system of law should conform to international practice to build and perfect our country punitive and compensate system of product. It have not enter the territory of public law completely ,but It differ from traditional private law. punitive and compensate system have the function of punishment, Function of containing and function of drive. three function interlace mutually, relations is not divided.The second part explain the important decument of constitution of punitive and compensate system of product. responsibility of product mainly is responsibility of tort ,but it also involve the double of the responsibility of breach of contract and...
Keywords/Search Tags:responsibility of product, punitive compensation, compensation of lose of reality
PDF Full Text Request
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