煤矿安全责任适用惩罚性赔偿刍议
THE ANALYSIS OF PUNITIVE COMPENSATION IN THE COAL MINE SAFETY RESPONSIBILITY
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摘要: 惩罚性损害赔偿在煤矿安全责任领域的适用具有重要的理论和现实意义。从性质上将惩罚性赔偿定性为经济法责任,有利于化解惩罚性赔偿在我国适用所遇到的理论上的矛盾,惩罚性赔偿制度能否在遏制矿难发生中发挥作用,取决于其能否解决好在制度设计中可能遇到的各种问题。Abstract: The punitive compensation has the important theory and practical significance in the coal mine safety responsibility.From the character of the punitive responsibility,it is more like economic responsibility than civil responsibility.We can resolve theoretical contradictions related with the punitive responsibility while we define the.punitive responsibility as economic responsibility.Whether the punitive responsibility system can play its role in repressing mine disaster or not to be decided by whether we can solve each kind of question which possibly meets in the system design.
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