Implementation of the principle of the balance of responsibility and punishment in the competition between fines and punitive damages
In the principle of the balance of responsibility and punishment,the issue of competing fines and punitive damages is essentially a question of offsetting fines and punitive damages.In this regard,"selective application"and"parallel application"are not appropriate,and it should adopt"can be offset",recognizing that fines and punitive damages can be offset.In the specific operation process,the guiding role of the principle of proportionality should be fully utilized,and the flexibility of legal interpretation should be utilized to flexibly handle the concerns of fines and punitive damages,ensuring the implementation of the principle of balanced punishment.
finespunitive damagesprinciple of equalization of punishment and responsibility
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