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Key determinants of "Serious Circumstances" in awarding punitive damages for intellectual property infringement: Evidence from Chinese Judicial Judgments. [PDF]
PLoS ONETo prevent the over-extension of punitive damages in private law, as has occurred in some common law jurisdictions, China requires the presence of "serious circumstances" as a prerequisite for applying punitive damages in intellectual property ...
Kaijie You
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Reflections on the environmental damage compensation regime in Chinese civil legislations [PDF]
Heliyon, 2023 The chapter on Tort Liability of the new Chinese Civil Code has broadened the types of environmental torts and expanded the scope of environmental damages. After such changes, however, deficiencies still exist. Most significantly, environmental torts are
Qianxun Xu, Mehran Idris Khan
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Calculating punitive damage multiplier in intellectual property cases: An empirical study and the enhanced model. [PDF]
PLoS ONEThe application of punitive damages in intellectual property cases in China has encountered notable deficiencies within the judicial context. These deficiencies, including a limited range of applicability, frequent recourse to statutory damages ...
Jiangang Shang +3 more
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Shipin yu jixie, 2022 The punitive damages system of American food safety mainly points to the premise of subjective viciousness, the jury's discretion according to the actual loss and viciousness, and the setting of punitive damages ceiling.
TANG Xiao-mei
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Punitive damages in consumer public interest litigation in China: an empirical study
Humanities & Social Sciences Communications, 2023 With litigation socialisation development, an increasing number of civil litigation cases have taken on social functions. Against this background, a punitive damages system involving social interests has developed.
Xingmei Zhang, Yu Wang
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Analysis on Punitive Damages System of Food Safety
Liang you shipin ke-ji, 2022 Food safety is closely related to life and health, and the issues of food safety are related to people’s livelihood plan. Although the legal system of food safety in China has been gradually improved and the system of punitive damages has been ...
LIU Hui-ming, ZHANG Qian-wen
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Constitutional Damages – a Stagnant or a Changing Landscape?
Potchefstroom Electronic Law Journal, 2023 Section 38 of the Constitution of the Republic of South Africa, 1996 provides for appropriate relief where a right in the Bill of Rights has been infringed. In Fose v Minister of Safety and Security 1997 3 SA 786 (CC) the Constitutional Court raised the
Andre Mukheibir
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Remedies for moral damage before the European Court of Human Rights: Cyprus v. Turkey case [PDF]
Zbornik Radova: Pravni Fakultet u Novom Sadu, 2014 This article provides the overview of the Cyprus v. Turkey judgment, a recently decided case before the Grand Chamber of the European Court for Human Rights. This is the first inter-State case which ended with pecuniary judgment for moral damages.
Đajić Sanja
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The Predictability of Punitive Damages
The Journal of Legal Studies, 1997 Abstract Using one year of jury trial outcomes from 45 of the nation's most populous counties, this article shows a strong and statistically significant correlation between compensatory and punitive damages. These findings are replicated in 25 years of punitive damages awards from Cook County, Illinois, and California.
Eisenberg, Theodore +4 more
openaire +2 more sources