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

Hanfei Qu

doi:10.54254/2753-7048/66/2024MU0010

Research Article

Open access

Published on 31 August 2024

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Qu,H. (2024).The Current Application and Optimization Suggestions of the Punitive Damages System in China.Lecture Notes in Education Psychology and Public Media,66,43-52.

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

Hanfei Qu *^,1,

¹ Southwest University of Political Science and Law

* Author to whom correspondence should be addressed.

https://doi.org/10.54254/2753-7048/66/2024MU0010

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.

Keywords

punitive damages, current application and optimization, suggestions

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References

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Cite this article

Qu,H. (2024).The Current Application and Optimization Suggestions of the Punitive Damages System in China.Lecture Notes in Education Psychology and Public Media,66,43-52.

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Volume title: Proceedings of Turkey's Current Corruption Situation: Laws, Economic lmpact and Government Analysis - ICILLP 2024

Conference website: https://www.icillp.org/

ISBN：978-1-83558-519-1(Print) / 978-1-83558-520-7(Online)

Conference date: 27 September 2024

Editor：Renuka Thakore

Series: Lecture Notes in Education Psychology and Public Media

Volume number: Vol.66

ISSN：2753-7048(Print) / 2753-7056(Online)

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