A Study on Punitive Damages System---Based on the Recognition and Implementation of American Punitive Verdict

• Main Authors: Yen-hung Chiang, 江燕鴻
• Other Authors: 謝哲勝
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/96982065093678668077

碩士 === 國立中正大學 === 法律所 === 97 === Punitive damages law originally specific to the system, our country continues and receives Continental Europe law, civil damages, like other civil law countries, stressed to fill for the purpose of damage, there is no concept of punitive damages. However, since after World War II, The countries all over the world are deep and influenced by U.S.A. in different fields such as the political, economic, judicial system,etc. and our country is even more like this. Punitive damages system that is necessary to study, In this paper, namely, the United States, ruling that punitive damages may not permit the implementation in our country, as the main research directions. Chapter two of thesis, on the punitive damages to a system of meaning, history to be introduced, and punitive damages in order to explain the function and purpose of punitive damages to the system to have a basic understanding. Secondly, The third chapter in punitive damages on the formation of the controversial system for exploring. Chapter IV of the paper will discuss the recognition of foreign judgments in civil general of the theoretical basis, and permit enforcement of foreign judgments in civil and defense of the reasons for the conditions. Chapter V were in Germany, Japan to study the two countries to explore Germany and Japan, two countries the United States on whether or not to permit the implementation of punitive damages ruling, the dispute arising from the theory and practice the principles. Chapter VI of our practice are punitive damages against the United States permit the implementation of the relevant sentence verdict for a detailed presentation and analysis. Finally, in Chapter VII of the conclusions of the present paper.