2005•Journal of Shanxi UniversityRequires access

A Research into Introducing Punitive Damages into State Compensation Law

Yang Jian-hua

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Abstract

It occurs in the operation of State Compensation Law that the damaged party does not get full compensation.One of the countermeasures some scholars propose is to apply punitive damages to State Compensation Law,which can meanwhile supervise and promote the exertion of powers by the subject of public powers and the staff.The practice in some countries proves that punitive damages function effectively in punishing and preventing the delinquent act in the field of intellectual property and product liability.However,state liability for damage cannot meet the applicable requirements of punitive damages and the latter cannot be carried into effect in the operation of the former.Therefore,it is improper to apply punitive damages in the regime of state.compensation.

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What this paper is about

It occurs in the operation of State Compensation Law that the damaged party does not get full compensation.One of the countermeasures some scholars propose is to apply punitive damages to State Compensation Law,which can meanwhile supervise and promote the exertion of powers by the subject of public powers and the staff.The practice in some countries proves that punitive damages function effectively in punishing and preventing the delinquent act in the field of intellectual property and product liability.However,state liability for damage cannot meet the applicable requirements of punitive damages and the latter cannot be carried into effect in the operation of the former.Therefore,it is improper to apply punitive damages in the regime of state.compensation.

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Available abstract

It occurs in the operation of State Compensation Law that the damaged party does not get full compensation.One of the countermeasures some scholars propose is to apply punitive damages to State Compensation Law,which can meanwhile supervise and promote the exertion of powers by the subject of public powers and the staff.The practice in some countries proves that punitive damages function effectively in punishing and preventing the delinquent act in the field of intellectual property and product liability.However,state liability for damage cannot meet the applicable requirements of punitive damages and the latter cannot be carried into effect in the operation of the former.Therefore,it is improper to apply punitive damages in the regime of state.compensation.

Key concepts: Punitive damages, Compensation (psychology), Liability, Damages, Tort, Business, Law, State (computer science)

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