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A Study On Corporate Governance,Cash Dividends And Over-investment Behavior:Based On Manufacturing Listed Companies

Posted on:2016-12-26Degree:MasterType:Thesis
Country:ChinaCandidate:H C ShanFull Text:PDF
GTID:2336330479980181Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Punitive damages system originated in the Anglo-American countries, and plays an important role in various areas of their countries. It exists to punish wrongdoing people, prevent other people and then implement a similar behavior. Under the influence of economic globalization, the development of socialist market economy, in the process of development, due to various reasons led to the trading process, in order to implement the interests of illegal operators to the detriment of consumers. Our prosperity and development of the market economy in the early emergence of many such problems. So the nineties to develop the "Consumer Protection Law" in order to curb this phenomenon, the introduction of punitive damages system. The system over a period played a huge role in the fight against the illegal operators to protect the interests of consumers, promote the socialist integrity and just.But with the new situation emerging, existing legal provisions found there are many deficiencies, such as the intensity of punishment, the definition of fraud, the specific content of the consumer and other issues. To this end, the National People's Congress in 2013 passed a new "Consumer Law", in terms of punishment made significant changes to increase consumer protection. However, There are still problems without any changes.The author discusses the system of punitive damages from four aspects. The first part provides an overview of the general system theory; the second part discusses the development of punitive damages system in China, mainly from the perspective of consumer protection and talk. Introduces the necessity of its generation, the existing provisions of the respective single law, in addition, also for just implemented a new "Consumer Law" made both positive and negative reviews; the third part of the Anglo-American law and civil law on some provisions in this regard, and by studying their laws had little inspiration; and finally, in the face of lack of further proposed to modify the existing system improvement recommendations.
Keywords/Search Tags:punitive damages, Scope of punitive, subjective element, The degree of punishment
PDF Full Text Request
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