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The Study Of Restrictive Compensation System

Posted on:2017-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhouFull Text:PDF
GTID:2336330488978066Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In modern society,with the development of economy and science techonlogy, new situations have appeared constantly,high risk accidents occurred frequently.The original principle of full-compensation can not play a role anymore,because it's fuction were fill the loss as much as possible.In the high-risk areas,the full-compensation cannot maintian justice and equity,but the system of restrictive compensation is somewhat reasonable.The purpose of restrictive compensation is keeping the balanced interests between two sides,and it also an useful system to share the social risk. The purpose of punitive compensation is to curb the illegal activities happen again,it plays an important role to preserve the social security and stability.These three kind of compensation systems reinforce each other,each of them are an indispensable part to the civil responsibility,they safeguard the social security and realized the social fairness together.So,it is necessary to build the complete civil compensation system.Besides, in the present society,we should use the restrictive compensation to solve the new problems,such as the“luxury car accident”.In this case,if use the original full compensation to reslove,it will be made one person shoulder heavy responsibility,in the last will lead to unfairness. At the same time,a series of social risk will be caused,for example,the moral risk,the legal risk etc.Therefore,in our country,there is a tremendous need to construct the restrictive compensation,it's not only be good to protect the basic rights between two parties,but also be benefitful for reveal the social fairness and justice.
Keywords/Search Tags:restrictive compensation, essence fairness, predictability, disprese risk
PDF Full Text Request
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