Analysis of China's Punitive Damages System

DOI

10.2991/iccessh-19.2019.404How to use a DOI?

Keywords

punitive damages; nature; function; reserving or abolishing

Abstract

There have been continuous disputes over the nature of the punitive damages system since China’s first reference in the "Consumer Rights Protection Act". The theory of public law responsibility, the private law responsibility and public and private law responsibility, each of these three doctrines has its own words. The author believes that since the punitive compensation provisions are in civil legislation, it should be considered a private law responsibility. The function of punitive damages also has a view from dualism to pluralism. The author believes that the system only has the function of punishment and compensation, and other functions can be considered as the derivative functions of the two basic functions. Secondly, regarding the determination of the amount of punitive damages, the author compares the four methods of determination in China and gives some factors that he thinks should be considered. Finally, regarding the existence and punishment of punitive damages, the author believes that the punitive damages system is beneficial to China’s legal system. The punitive damages system should continue to play its due role in the construction of China's legal system and China should constantly improve the mechanism to make it more compatible with the reality of China.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Haiting Wu
PY  - 2019/07
DA  - 2019/07
TI  - Analysis of China's Punitive Damages System
BT  - Proceedings of the 4th International Conference on Contemporary Education, Social Sciences and Humanities (ICCESSH 2019)
PB  - Atlantis Press
SP  - 1885
EP  - 1889
SN  - 2352-5398
UR  - https://doi.org/10.2991/iccessh-19.2019.404
DO  - 10.2991/iccessh-19.2019.404
ID  - Wu2019/07
ER  -