2007•Journal of Daqing Normal UniversityRequires access

Research on Punitive Damages System

Shi Li

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Abstract

Punitive damages is a legal remedy measure in British and American common law systems and one of the controversial law systems.Law of the People's Republic of China on the Protection of Consumer Rights and Interests first mentioned the System of Punitive Damages at the hand of contract and ability in the 49th item,and then it was made sure in the 113th item of Contract Law of People Republic of China.It is even listed in the draft of Civil Codes by civil law scholars.However because there exist many deficiencies about rules of punitive damages in our Chinese laws,there is no expectation achieved in the reality.The application range of punitive damages should be enlarged,suitable for tort and contract dissensions and criminal lawsuit and so forth,to protect the legal rights and interest of the aggrievd party.

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What this paper is about

Punitive damages is a legal remedy measure in British and American common law systems and one of the controversial law systems.Law of the People's Republic of China on the Protection of Consumer Rights and Interests first mentioned the System of Punitive Damages at the hand of contract and ability in the 49th item,and then it was made sure in the 113th item of Contract Law of People Republic of China.It is even listed in the draft of Civil Codes by civil law scholars.However because there exist many deficiencies about rules of punitive damages in our Chinese laws,there is no expectation achieved in the reality.The application range of punitive damages should be enlarged,suitable for tort and contract dissensions and criminal lawsuit and so forth,to protect the legal rights and interest of the aggrievd party.

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Available abstract

Punitive damages is a legal remedy measure in British and American common law systems and one of the controversial law systems.Law of the People's Republic of China on the Protection of Consumer Rights and Interests first mentioned the System of Punitive Damages at the hand of contract and ability in the 49th item,and then it was made sure in the 113th item of Contract Law of People Republic of China.It is even listed in the draft of Civil Codes by civil law scholars.However because there exist many deficiencies about rules of punitive damages in our Chinese laws,there is no expectation achieved in the reality.The application range of punitive damages should be enlarged,suitable for tort and contract dissensions and criminal lawsuit and so forth,to protect the legal rights and interest of the aggrievd party.

Key concepts: Punitive damages, Lawsuit, Tort, Law, Damages, Civil law (Civil law), People's Republic, China

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