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Researchonthe Punitive Damages Of The Tort Liability Law

Posted on:2017-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:D D LiFull Text:PDF
GTID:2296330485980941Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the rapiddevelopment of market economy, all kinds of malignant infringement cases occurred repeatedly. These cases lead a serious threat and damage to the people’s life and property. At this time,the congenital deficiency of the traditional system of compensatory damages will appear when itmakes up for the loss of the victim’s interests. In order to punish and prevent the happening of the malignant torteffectively, protect the victim’s legitimate rights and interests more fully, our country’s law introduces the punitive damages systemreferencing the experience of Anglo-American law.In the article 47 of the Tort Liability Law, the punitive damages systemis stipulated in the product infringement cases.This is the first time that the wordof punitive damages appears in our country’s law. But it still has some theoretical controversy about the punitive damages. In addition, the difficulty of judicial application of the article 47 in the Tort Liability Law reflects the fact that the system still exist some legislative defects. In this background,this article wants to make a study on the punitive damages inthe article 47 of the Tort Liability Law. I want to put forward my views on its theoretical controversy and give some suggestions for its improvement of the legislation defects. Besides the introduction, there are five parts in this article.In the first part, the articleraisesthe question of punitive damages in the Tort Liability Law. The theoretical controversy about the punitive damages is mainly about its character and rationality.Then, this articlepoints out its legislative defects and difficulty of judicial application. These questions provide the direction of writing and thinking for the article.In the second part, the articlemakesan analysis aboutthe character ofthe punitive damages. In combination with the domestic study and abroad study, the article summarizes the concept of the punitive damages. Then, the article makes a study about its function, including compensation, punishment, prevention and encouragement.The punitive damages have some characteristics, mainly including punitive, accompanying and statutory. Based on these, the articlemakesan analysis about its character.In the third part,this paper discusses on the rationality of the punitive damages by discussing its legal value and the rationality of the offender paying the punitive damages, the victim receiving the punitive damages.The punitive damagesreflect the value of fair and efficiency.In the fourth part, there is mainly an introduction about the legislative statusof punitive damages in our country, including four laws. They are the Law on the Protection of Consumer Rights and Interests, The judicial interpretation of the commercial housing sales contracts, the Food safety Law, the Tort Liability Law. Thispart showsthe developmentand important significance of the punitive damages of the Tort Liability Law.In the fifth part, thispaper gives some suggestions for its improvement of the legislation defects.We should expand its application scope in the Tort Liability Law, expand the scope of facts of damage, perfecting the compensation rules.
Keywords/Search Tags:punitive damages, compensatory damages, tort liability, punishment function, prevention function
PDF Full Text Request
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