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In The Field Of Contemporary Tort System Of Punitive Damages

Posted on:2012-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z H ZhangFull Text:PDF
Abstract/Summary:PDF Full Text Request
System of punitive damages, its essence is to punish and deter criminal law functional integration into the civil law, the penalties imposed by the wrongful act to contain potentially other wrongful act of the community who make the same or similar behavior, with penalties and deterrent to offenders, victims compensation and incentive functions.Modem sense of the punitive damages originated in the United Kingdom, and in the United States gradually mature.This system was born from that moment on, on the support and opposition did not stop arguing, but in the heat of the argument is continually developed, and civil law countries had a profound impact.China has already enacted a number of legislative nature of punitive damages, and in 2009 the "tort law" in the first clear emergence of the "punitive damages" concept, which reflects our recognition of punitive damages and sure.But we must understand that, as an introduction system of the theorists and practitioners are necessary for further research and discussion.In this paper, the field of punitive damages tort system to explore and study the full text is divided into four parts.First of all, the field of punitive damages tort system overview, the main research punitive damages some of the basic issues.Including the concept of punitive damages; tort system on the area of punitive damages, extra-territorial development; punitive damages in the features and functions; and to compare and punitive compensation system similar to the compensatory damages and moral damage compensation system.To the adoption of punitive damages in these discussionson a comprehensive system of knowledge and understanding.Secondly, the area of punitive damages tort system, the relevant legislation and building elements.Specifically under the "Food Safety Law" and "Tort Liability Act" and other laws related to the field of punitive damages tort system analysis and summary of the current situation, combined with the field of tort law has been enacted, summed up the field of infringement penaltyof the compensation system should be how to build and construct the relevant factors. Again, is the area of punitive damages tort system of values.Specifically from the legal, social, economic point of view on the three areas of the establishment of punitive damages tort system, the necessity and significance.Establishment of the field so as to punitive damages in tort system provides theoretical and practical basis.Finally, the field is to improve the Tort System of punitive damages.Specific areas of the analysis of the tort system of punitive damages some of the deficiencies and shortcomings, and inadequate for the content and methods from the corresponding countermeasures and suggestions put forward.
Keywords/Search Tags:Tort, Punitive damages, Compensatory damages
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