A Comparative Study On Punitive Damages In Products Liability

Punitive damages in products liability is the contentious legal system. Thedevelopment about punitive damages in products liability in the counties of CommonLaw system is more different from which in the countryes of Civil Law system. As forChina, punitive damage in products liability is the exotic. Tort liability Law of thePeople s Republic of China has set up the general punitive damages in productsliability substantive law system, and Law of the People s Republic of China on Choiceof Law for Foreign-related Civil Relationships emphasizes the specific of the choiceof law about products liability. But the l'egal systems Transplantation needs a longway. Currently, the social credibility in China is seciously lack. And there arc moreblanks in legislation and judicature in punitive damages in products liability.?hisarticlc reveals the nature and function of punitive damages in products liability,discuscss the justiifcation and rationality of punitive damages in products liability,elaborates the historical development of punitive damages in products liability. Basedon analyzing the constitutive requirements of punitive damages in products liability,this article make some legislative and judicative suggestions to strengthen the punitivedamages in products liability.This articlc includes six chapers, as analyzing problems in different comparativeview: the compare of Common Law system and Civil Law system, the compare ofpublic rught and private right, the compare of compcnsatcory damages and punitivedamages, the compare of forgicn countri'es legislation and China's legislation, thecompare of conflict justice and substantive justice, the compare of formal justice andsubstantial justice, the compare of Chi'nas civil legislation historical development.fhe first chapter is about the basic theory of punitive damages in productsliability. It introduces the concept and characteristics of punitive damages in productsliability, discriminates the similar legal system, elaborats the doubt of the nature ofquasi penalty, and points out that punitive damages in products liability belong tospecial civil law essentially. Also, this part compares the main theory about the fuctionof punitive damages in products liability, and point out the central function. In the end,it lists the representative views which deny punitive damages in products liability, andpoints out the fault of these views.The second chapter is about comparative research on the justification and rationality of punitive damages in products liability. First of all, it reveals that thetraditional compensateory damages have the inherent defect for the modern productstort, and analyses the resons of the defect. By comparing the criminal law method?theadministrative law method and punitive damages in products liability, it points outthat punitive damages in products liability is the most optimizational method formaking up the defect of the traditional compensateory damages. Secondly, it appliesthe economical research method to compare traditional compensateory damages inproducts liability with punitive damages in products liability. With analysingcost-beneift theory, heartening voluntary transactions, public power far away frommarket theory and the retributivism, it emphasizes the legitimacy of punitive damagesin products liability.The third chaper compares the major countries' historical development ofpunitive damages in products liability. From the origin of punitive damages inproducts liability, it introduces the flourishing historical development of punitivedamages in products liability in major countries of Common Law system. Especially,it introduce American5two famous historical argument, legislative limits andlegislative recovery. On the other hand, it introduces that major countries of Civil Lawsystem exclude the punitive damages in products liability because of the quasi penalty.It points out that with the severe situation of modern product tort, there are morefactors in the major countri'es judicature of Civil Law system. A few countries ofCivil Law system even set up the punitive damages in products liability legal system.In the end, it analyses the trend of development and transportability of punitivedamages in products liability.The fourth chaper compares the constitutive requirements of punitive damages inproducts liability, which is the key part of the article. It analyses the constitutiverequirements of punitive damages in products liability, which include the limitation ofliability, the scope on subject of the right, the scope on subject of the duty, the forceabout clause penale of punitive damages in products liability, the objective element?the subject element, the doctrine of liability ifxation, the stand of testification, thecausal relationship and the quantitative method. For every constitutive requirements?it elaborates the basic theory, introduces the legislation, judicature and lots of cases indeveloped countries. Particularly, it hightlights the advanced legislation of Americaabout the two key points: objective element and quantization. With deeply compare, itnot only provides the idealized constitutive requirements of punitive damages in products liability, but also reflect the defect of legislation and judicature in China.The fitfh chaper is about the application of law of international punitive damagesin products liability. Firstl of all, it introduces three basic law application rules in tortlaw of Common Law system, suggesting that spccial law application rules shouldapply for the special inlringcment act. Then, it compares Rome II?other countri?esapplication oflaw and China's application of! aw. With the enforcement of Law of thePeople 's Republic of China on Choice of Law for Foreign-related Civil Relationships,more and more recent progress should be applauded. Based on the value orientationcombing conflict justice with substantive juctice, it suggests that the application oflaw of international punitive damages in products liability should emphasize theparticularity of tori, and designing the legal system should consider the relationshipamong the rule of protcct weakness, the rule of double action ability and the rule ofexclude the defendant non-foreseeable.The last chaper is about strengthening the punitive damages in products liabilitylegal system of Chi'nas. It introduce the historical and prenscnt situation aboutChi'nas legislation of punitive damages in products liability. With discussing thecharacteristic and dcfcct about Law of the Peoples Republic of China on theProtection of Consumer Rights cwd Intersts, Food Safety Law of the People 'v Republicof China and Tort liability Law of the People s Republic of China, it elaborate thecrgency of strengthening the punitive damages in products liability of Chi'nas legalsystem. As compares the constitutive requirements of punitive damages in productsliability in chapcr four, it provides nine legislation suggestions which include thelimitation of liability, the scope on subject of the duty, the objcctivc element, thesubject element, the doctrine of liability fixation, the stand of testification, thequantitative method, harmonization of the civil law department, law application rules,the peoples court case guidance.