Tort Liability Acts punitive damages_6296精品管理文档.docVIP

Tort Liability Acts punitive damages Keywords: punitive damages / necessity / limitations / recommendations Summary: Chinas Tort Liability Act should provide for punitive damages. Punitive damages are conducive to the full realization of the function of Tort Liability Act, in line with the concept of social justice and change requests are conducive to civil liability regime coordination. The law should be applicable to the type of procedure, compensation in terms of the scope of the system to limit punitive damages. Tort Liability Act should not provide for punitive damages? How can regulations? This is the Tort Liability of the controversial legislation, one of the problems. Proponents believe that punitive damages with compensatory damages can not be replaced by the function, with great vitality, the future Tort Liability Act should also provide for punitive damages. Opponents believe that the system of punitive damages to generate and flourishing in the Anglo-American law is the product of blending public and private law. Law emphasized that the separation of public and private civil law, compensation law at the expense of adherence to the principle of restitution does not apply to punitive damages. Punitive damages, the content does not belong to private law, our country as a civil law countries should not introduce a system of punitive damages. [1] We agree with the provisions of the Tort Liability Act in punitive damages opinion. This paper on the Tort Liability Act provided for the need for punitive damages and punitive damages to make a set of constraints, and to make appropriate legislative proposals. 1, Tort Liability Act provided for the need for punitive damages (A) punitive damages are conducive to the full realization of the function Tort Liability Act With regard to the function of Tort Liability Act, although there are different opinions, but generally agreed that the main function of Tort Liability Act is to fill the damag