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On Legislation of Punitive Damages

  • Xinbao Zhang
Chapter

Abstract

The system of punitive damages is a special system of civil damages under the U.S. legal system, which is quite different from the system of compensatory damages. Punitive damages are paid in excess of the plaintiff’s actual injuries and are intended to punish and deter serious infringement. Yet, it has always been a controversial system under the common law legal system since it may challenge the constitutionality and it allows excessive compensation. Although it has produced certain influences on the civil law legal system, all these influences are limited in theoretical discussions, and it has not been widely recognized by those countries since they apply the principle of parity compensation in the area of civil damages.

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Copyright information

© Springer Nature Singapore Pte Ltd. 2018

Authors and Affiliations

  1. 1.Renmin University of China Law School, China Legal Science Journals PressBeijingChina

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