2006•Journal of Hunan Financial and Economic CollegeRequires access

On Quality of Punitive Damages Responsibility

Zhao Hai-ping

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Abstract

Continental Legal System has given a denial to punitive damages,but Anglo-American Legal System has adopted the positive attitude to it.There are some intense discussions on the quality of punitive damage,mainly civil and liability according to the economic in the theoretical circle of our country.This text elaborates the characteristics of punitive damages and analyses the quality of the punitive damage in the two systems.It points out it is special civil responsibility,for it can make up the shortage in current civil responsibility legal system.If punitive damage was brought into the civil code,with the compensatory damages,it would have special function on sanctions and prevention,thus expanding the function of the civil law more efficiently.

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What this paper is about

Continental Legal System has given a denial to punitive damages,but Anglo-American Legal System has adopted the positive attitude to it.There are some intense discussions on the quality of punitive damage,mainly civil and liability according to the economic in the theoretical circle of our country.This text elaborates the characteristics of punitive damages and analyses the quality of the punitive damage in the two systems.It points out it is special civil responsibility,for it can make up the shortage in current civil responsibility legal system.If punitive damage was brought into the civil code,with the compensatory damages,it would have special function on sanctions and prevention,thus expanding the function of the civil law more efficiently.

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Available abstract

Continental Legal System has given a denial to punitive damages,but Anglo-American Legal System has adopted the positive attitude to it.There are some intense discussions on the quality of punitive damage,mainly civil and liability according to the economic in the theoretical circle of our country.This text elaborates the characteristics of punitive damages and analyses the quality of the punitive damage in the two systems.It points out it is special civil responsibility,for it can make up the shortage in current civil responsibility legal system.If punitive damage was brought into the civil code,with the compensatory damages,it would have special function on sanctions and prevention,thus expanding the function of the civil law more efficiently.

Key concepts: Punitive damages, Sanctions, Denial, Legal liability, Economic shortage, Political science, Law, Liability

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