The Study Of How To Determine The Amount Of Product Liability Punitive Damages

Punitive damages originated from the common law originally, and in the relevant countries have made great progress. But the largest area their application is undoubtedly product liability areas, especially in the consumer field. Reason is that only when both consumers and product providers in an unbalanced position, the party system of punitive damages are necessary to its existence and value. In other countries, judges determined the principles in the various judgments, especially in common law. in our country, because China's situation is different, or different specific law, scholars are still argued Whether a number of legal provisions reflected the provisions of punitive damages. But whether it is from abroad which have been more mature system of punitive damages, or from the endless stream of product liability cases, it is necessity to establish the system of punitive damages, especially in the area of product liability punitive damages. Fortunately, Putting aside the question of whether the law provides for punitive damages, the "Tort Liability Act" which drafted by China in 2010 is expressly provided for "product liability punitive damages." But at the same time, the provision also led many scholars to discuss many questions. One question which is most intense, is that this Act have not mentioned the issue about the amount of punitive damages, which is essentially one of the core issues in product liability system, whether this problem was solved or is directly related to the practical implications of this institution Therefore, I proposed on relevant case law, legal provisions and the doctrine of ideas the foreign product liability punitive damages to explore and learn, giving rise on the reflection and evaluation of China's current legal requirements and academic theory, in order to improve our future "products Punitive damages liability system".The first part is the Summary of the amount of product liability punitive. Firstly, according to the definition and functions of punitive damages to discuss how to determine the amount of product liability punitive damages; Secondly, according to a variety of theoretical definition of product liability punitive damages to discuss the specific ideas of how to determine the amount of punitive damages; Finally, explain the significance of how to determine the amount of product liability punitive damages. The second part is analysis^ comparison and research the perfect legal provisions> advanced system and representative of the case of product liability punitive damages in the United States. Especially extract and filter some of the principles and practices from several typical of product liability case, which concluded that how to determine the amount of the product liability punitive damages in cases in the United States.The third part is the civil law by comparing different product liability law as well as kinds of specific academic assessment among some representative countries and Taiwan region of China, in order to summarize solutions to this problem which is worth to learning.The fourth part is to put the research point of view back to our home, our domestic scholars have been arguing whether the "Consumer Rights Law',"Food Safety Law","Tort Liability Act" including the provisions of punitive damages. The author intends to express his view on the above problems by comparing different views of scholars.The fifth part is the basis in the fourth part. Firstly, quote some domestic scholars' view on how to determine the amount of product liability punitive damages, and then to summarize the different perspectives and evaluation; Finally, on the basis of comprehensive the mainstream views of various scholars, the author proposed how to improve our future legislative on the amount of product liability punitive damages.