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The Study On Punitive Damages System In Travel Contract

Posted on:2018-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:M LeiFull Text:PDF
GTID:2336330515981348Subject:Civil and Commercial Law
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In China,the opinion that Punitive Damage System applies to infringements has been widely accepted,but there is still dispute over whether it is applicable to contracts.With the continuous development of Chinese economy,tourism market continues to expand,more and more people choose to travel on holidays.In 2013,China issued "The Tourism Law",whose content is comprehensive.One of the most remarkable attempts is to apply the punitive damage system in tourism contracts.At present,there are only a few researches on the application of punitive damage to the tourism contracts in the academic community.Generally,they just simply introduce the contents of the punitive damage system,and compare it with the mental damage compensation system,or use tourism contracts as an example when discussing if Punitive Damage System shall be applied in IP,Environmental Protection,etc.Therefore,this dissertation focuses on the studies on the punitive damages system in the tourism contract,aiming at fully understanding the punishment system of the current "Tourism Law" in China through deep discussions on its concepts,functions,legitimacy,and problems in the legislation and practice of the punitive damages system.The application of the system of compensatory compensation may contributes to making better use of the punitive damage system of tourism contracts in China,enriching and perfecting its basic theories,protecting the legitimate rights and interests of tourists and improving the judicial protection in tourism industry,regulating the development of the market,preventing the malicious behaviors of tourism agencies,so as to promote justice.This dissertation summarizes the concepts,development and functions of punitive damage system,to analyze the necessity of the punitive damage system and the reasonableness of introducing the system in tourism contracts.Through the comparisons with other civil liability systems,this dissertation analyses the special value in this system.There are four parts in general:The first part describes the concepts of punitive damages.Through analyzing the definition of punitive damages,this dissertation illustrates the historical development of the system and the relevant provisions in China,explaining the connotation and its special functions.The second part is to introduce the reasonableness of punitive damages in travel contracts.Its necessities is analyzed by comparing the other civil liabilities with punitive damages and compensatory compensation,meanwhile its particularities is emphasized.In this analysis,the necessities and feasibility are discussed.The third part analyzes the constituent elements of punitive damages,its shortages and problems through the explanation of the provisions of the Travel Law on the application of punitive damages in tourism contracts.In the fourth part,according to the practical problems of the punitive damage system in China's tourism contract,the relevant solutions are put forward from three perspectives,which are the substantive law and judicial practice and procedural law.
Keywords/Search Tags:tourism contracts, breach of contract, damages system
PDF Full Text Request
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