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A Comparative Analysis Of Punitive Damages In The United Kingdom, The United States, Germany, And China, And The Applicationand The Improvement Of Punitive Damages In China

Posted on:2016-08-02Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q XuFull Text:PDF
GTID:2296330461456839Subject:International relations
Abstract/Summary:PDF Full Text Request
The award of punitive damages has been the subject of much criticism over these years. This legal system was originated in common law countries, and has been accepted by more and more countries nowadays. Punitive damages system has been highlighted in the development of economic globalization and modern society. Since the China’s Consumer Protection Law was promulgated in October 1993, punitive damage system has been introduced to China. The China’s Food Safety Law and China’s Tort Law have also absorbed the idea of punitive damages. However, there is still a long way to go for China to improve the application of punitive damages in legal practice. Therefore, China should learn lessons from the experience from other countries, such as the United Kingdom, the United States, and Germany.My thesis supports the particular developmental value of the punitive damage, and approve of the establishment of the legal status of punitive damages in China’s legal system. This thesis is going to first engage in a comparative study of punitive damages. From the perspective of comparative laws, the thesis will begin with an overview of the application of punitive damages in common law. The thesis will especially examine both doctrine and practice in two common law countries:the England and the United States, as the punitive damages system originated from the Great Britain, but, today, the primary arena for its controversy is the United States. Then, the thesis will examine the application of punitive damages in Germany, because China’s law has been influenced deeply by Germany which is one of the representative countries of Civil Law System. At the same time, the thesis will use a case study approach to do the analysis. By analyzing case studies from different perspectives, the thesis tries to compare in detail the development of punitive damages in different countries and attempts to discover the appropriate applications of punitive damage system in legal world.Using foreign countries’legislation for reference and taking China’s judicatory practice into consideration, this thesis will try to put forward the proposals on how to perfect punitive damages system in China. The thesis could achieve a deeper understanding of the role of punitive damages in China’s legal system, and be more likely to solve the issues they raise in practice by seeing how different countries of different legal systems address these problems.
Keywords/Search Tags:PUNITIVE DAMAGES, UNITED KINGDOM, U.S., GERMANY, CHINA, COMPARATIVE LAW STUDY
PDF Full Text Request
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