Following the Enlightenment,the principle of human rights protection promoted the transition of criminal justice systems from“punitiveness”to“penal humanitarianism.”However,in the second half of the 20th century,t...Following the Enlightenment,the principle of human rights protection promoted the transition of criminal justice systems from“punitiveness”to“penal humanitarianism.”However,in the second half of the 20th century,the United States and the United Kingdom witnessed the rise of“new punitiveness,”which is characterized by mass incarceration,a punitive turn in community supervision,and numerous collateral consequences of criminal offences.New punitiveness did not emerge from a unified movement or agenda but was driven by changes in crime control philosophies,adjustments in criminal laws,and the initiation of criminal justice campaigns against a backdrop of perceived severe public safety deterioration.Its deeper causes can be traced to the dominance of neoliberalism in economics,the unprecedented alignment of political elites and public attitudes under electoral and partisan politics,and traditional class control mechanisms targeting specific identity groups.Studying new punitiveness can offer valuable insights for identifying potential risks in China’s criminal justice system at both theoretical and practical levels,while providing methodological inspiration for advancing interdisciplinary research.展开更多
In this narrative, we explore the story of Ananias and Sapphira from the book of Acts in the Christian scriptures. We examine the story in the light of a recent hook by Dominic Johnson （2016）, God Is Watching You, a...In this narrative, we explore the story of Ananias and Sapphira from the book of Acts in the Christian scriptures. We examine the story in the light of a recent hook by Dominic Johnson （2016）, God Is Watching You, and other related research. The idea of a punitive God and/or the belief in a punitive God may have significant effects on group functioning. The troubling story of Ananias and Sapphira may be seen as a central cog in the cooperative coming together of what became the Christian Church. In our modem world, a punitive God is an idea we seek to avoid but it may be the one that is essential for a peaceful cooperative world.展开更多
Financial performance is an indicator to measure the strength of a company’s business operation capability,which is of great concern to enterprise managers,external investors,and government regulators.Based on the da...Financial performance is an indicator to measure the strength of a company’s business operation capability,which is of great concern to enterprise managers,external investors,and government regulators.Based on the data of Chinese listed companies from 2012 to 2016,this paper included government administrative penalties regulation into the study of factors influencing corporate financial performance and conducted an empirical analysis.The research shows that punitive supervision has a significant negative impact on corporate financial performance;rectifying the effect on financial performance would increase the operating cost.Simultaneously,the degree of punitive supervision will also affect corporate financial performance,with the financial performance of listed companies subjected to severe punitive supervision being poorer.展开更多
The revised Law on the Protection of the Rights and Interests of Consumers （Consumer Protection Law）, which sums up nearly twenty years of the evolution of Chinese punitive damages regulations, sets out a model syst...The revised Law on the Protection of the Rights and Interests of Consumers （Consumer Protection Law）, which sums up nearly twenty years of the evolution of Chinese punitive damages regulations, sets out a model system of punitive damages. These are in essence a special kind of penalty under a dual public-private legal system in which the punitive and deterrent functions of public law are realized through the mechanism of private law. Their application should be guided by the public law principle that the penalty should be proportionate to the offence. The question of whether the penalty is appropriate arises in the application of the two forms of punitive da^riages prescribed in the Consumer Protection Law--whether used separately or together, or in conjunction with or independently of fines or financial awards. The application of the new punitive damages regulations may overlap with the application of China＇s Food Safety Law and Tort Liability Law.展开更多
Punitive damages have several functions that are worthy of serious research.For instance,punitive damages could help to compensate victims for moral damages suffered and offer more sufficient ex-ante compensation in c...Punitive damages have several functions that are worthy of serious research.For instance,punitive damages could help to compensate victims for moral damages suffered and offer more sufficient ex-ante compensation in cases of wrongful death or bodily injury,thus compensating for the losses suffered by victims more completely;they could punish private wrongs more effectively and provide a means of personal revenge within the law,incidentally deterring and preventing future wrongs;they could be used to correct abuses of power or status by the rich,large corporations,or the government;and they could be used to complement criminal law,etc.In order to fully realize the advantages of this institution in the Chinese society,we should expand its application in China's tort law and carefully design the scope of its application,including the subjects to which it would be applicable and the amounts that would be allowable.In the short term,the application of punitive damages could be expanded through specific individual legislation,increase of the amounts of compensation for mental damages in individual cases or local legislation.In the long term,a general clause on punitive damages should be established in tort law in China's future Civil Code,stipulating that"punitive damages can be applied to those who have performed tortious acts that deserve severe moral condemnation,due to the actor's malicious intent or indifference or disregard for others,rights."展开更多
Since the news of Wang Hai’s victorious compensation claim for"anti-counterfeiting through knowingly buying counterfeits"spread across China in the 1990s,many individuals engaging in similar actions have em...Since the news of Wang Hai’s victorious compensation claim for"anti-counterfeiting through knowingly buying counterfeits"spread across China in the 1990s,many individuals engaging in similar actions have emerged in various market sectors.The academic community remains divided on how to characterize this behavior,and lawsuits resulting from such actions are frequent.By searching for"knowingly buying counterfeits"on China Judgments Online,1,885 related civil judgments are found from January 1,2018,to January 5,2024,showing a declining trend in the number of judgments over this period.Although this trend may partly be due to a decrease in the rate of judgment disclosures on the website,the persistence of hundreds of related cases annually over the past two decades indicates that the legal issues surrounding knowingly buying counterfeits are still worth studying in China’s market economy.This paper will analyze the legitimacy of such actions by discussing the concepts of knowingly buying counterfeits and punitive damages,using typical cases and judicial rules in China as references.展开更多
基金a phased result of the“National Funded Postdoctoral Researchers Program”(GZC20230818).
文摘Following the Enlightenment,the principle of human rights protection promoted the transition of criminal justice systems from“punitiveness”to“penal humanitarianism.”However,in the second half of the 20th century,the United States and the United Kingdom witnessed the rise of“new punitiveness,”which is characterized by mass incarceration,a punitive turn in community supervision,and numerous collateral consequences of criminal offences.New punitiveness did not emerge from a unified movement or agenda but was driven by changes in crime control philosophies,adjustments in criminal laws,and the initiation of criminal justice campaigns against a backdrop of perceived severe public safety deterioration.Its deeper causes can be traced to the dominance of neoliberalism in economics,the unprecedented alignment of political elites and public attitudes under electoral and partisan politics,and traditional class control mechanisms targeting specific identity groups.Studying new punitiveness can offer valuable insights for identifying potential risks in China’s criminal justice system at both theoretical and practical levels,while providing methodological inspiration for advancing interdisciplinary research.
文摘In this narrative, we explore the story of Ananias and Sapphira from the book of Acts in the Christian scriptures. We examine the story in the light of a recent hook by Dominic Johnson （2016）, God Is Watching You, and other related research. The idea of a punitive God and/or the belief in a punitive God may have significant effects on group functioning. The troubling story of Ananias and Sapphira may be seen as a central cog in the cooperative coming together of what became the Christian Church. In our modem world, a punitive God is an idea we seek to avoid but it may be the one that is essential for a peaceful cooperative world.
文摘Financial performance is an indicator to measure the strength of a company’s business operation capability,which is of great concern to enterprise managers,external investors,and government regulators.Based on the data of Chinese listed companies from 2012 to 2016,this paper included government administrative penalties regulation into the study of factors influencing corporate financial performance and conducted an empirical analysis.The research shows that punitive supervision has a significant negative impact on corporate financial performance;rectifying the effect on financial performance would increase the operating cost.Simultaneously,the degree of punitive supervision will also affect corporate financial performance,with the financial performance of listed companies subjected to severe punitive supervision being poorer.
文摘The revised Law on the Protection of the Rights and Interests of Consumers （Consumer Protection Law）, which sums up nearly twenty years of the evolution of Chinese punitive damages regulations, sets out a model system of punitive damages. These are in essence a special kind of penalty under a dual public-private legal system in which the punitive and deterrent functions of public law are realized through the mechanism of private law. Their application should be guided by the public law principle that the penalty should be proportionate to the offence. The question of whether the penalty is appropriate arises in the application of the two forms of punitive da^riages prescribed in the Consumer Protection Law--whether used separately or together, or in conjunction with or independently of fines or financial awards. The application of the new punitive damages regulations may overlap with the application of China＇s Food Safety Law and Tort Liability Law.
文摘Punitive damages have several functions that are worthy of serious research.For instance,punitive damages could help to compensate victims for moral damages suffered and offer more sufficient ex-ante compensation in cases of wrongful death or bodily injury,thus compensating for the losses suffered by victims more completely;they could punish private wrongs more effectively and provide a means of personal revenge within the law,incidentally deterring and preventing future wrongs;they could be used to correct abuses of power or status by the rich,large corporations,or the government;and they could be used to complement criminal law,etc.In order to fully realize the advantages of this institution in the Chinese society,we should expand its application in China's tort law and carefully design the scope of its application,including the subjects to which it would be applicable and the amounts that would be allowable.In the short term,the application of punitive damages could be expanded through specific individual legislation,increase of the amounts of compensation for mental damages in individual cases or local legislation.In the long term,a general clause on punitive damages should be established in tort law in China's future Civil Code,stipulating that"punitive damages can be applied to those who have performed tortious acts that deserve severe moral condemnation,due to the actor's malicious intent or indifference or disregard for others,rights."
文摘Since the news of Wang Hai’s victorious compensation claim for"anti-counterfeiting through knowingly buying counterfeits"spread across China in the 1990s,many individuals engaging in similar actions have emerged in various market sectors.The academic community remains divided on how to characterize this behavior,and lawsuits resulting from such actions are frequent.By searching for"knowingly buying counterfeits"on China Judgments Online,1,885 related civil judgments are found from January 1,2018,to January 5,2024,showing a declining trend in the number of judgments over this period.Although this trend may partly be due to a decrease in the rate of judgment disclosures on the website,the persistence of hundreds of related cases annually over the past two decades indicates that the legal issues surrounding knowingly buying counterfeits are still worth studying in China’s market economy.This paper will analyze the legitimacy of such actions by discussing the concepts of knowingly buying counterfeits and punitive damages,using typical cases and judicial rules in China as references.
