The Current Application and Optimization Suggestions of the Punitive Damages System in China

China has now established a system of punitive damages, with the Civil Code as the main body, supplemented by other separate laws. This paper posits that the punitive compensation system addresses the shortcomings of the current private law system. With the blurring boundaries between public and private law, the punitive compensation system is more conducive to preventing social risks and providing comprehensive and adequate relief to the rights and interests of the infringed. The purpose of this paper is to analyse the historical origin and function of the punitive damages system, to summarize the process of its localised application in China, and then to analyse the status and existing problems in the application, and to put forward the improvement methods for the existing problems. The research value of this paper mainly includes two aspects: theoretically, it helps identify defects and deficiencies in the application of the punitive damages system; practically, it aids in reducing the judiciary's subjective arbitrariness.

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Publication Details

Journal
Lecture Notes in Education Psychology and Public Media
Published
2024-08-31
DOI
https://doi.org/10.54254/2753-7048/66/2024mu0010
Primary Topic
Educational Reforms and Innovations
Type
article
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article

The Current Application and Optimization Suggestions of the Punitive Damages System in China

Hanfei Qu
Lecture Notes in Education Psychology and Public Media
Educational Reforms and Innovations
article

The Current Application and Optimization Suggestions of the Punitive Damages System in China

Hanfei Qu
article en

Abstract

China has now established a system of punitive damages, with the Civil Code as the main body, supplemented by other separate laws. This paper posits that the punitive compensation system addresses the shortcomings of the current private law system. With the blurring boundaries between public and private law, the punitive compensation system is more conducive to preventing social risks and providing comprehensive and adequate relief to the rights and interests of the infringed. The purpose of this paper is to analyse the historical origin and function of the punitive damages system, to summarize the process of its localised application in China, and then to analyse the status and existing problems in the application, and to put forward the improvement methods for the existing problems. The research value of this paper mainly includes two aspects: theoretically, it helps identify defects and deficiencies in the application of the punitive damages system; practically, it aids in reducing the judiciary's subjective arbitrariness.

Lecture Notes in Education Psychology and Public MediaVol. 66(1)
Southwest University of Political Science & Law (CN)
Peace, Justice and strong institutions
Openalex Percentile: Top 80%
Educational Reforms and Innovations
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The Current Application and Optimization Suggestions of the Punitive Damages System in China — Hanfei Qu · Lecture Notes in Education Psychology and Public Media (2024) | TGRS Research Map | TGRS