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Product Liability Damage Compensation Legal System Research On China

Posted on:2012-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:S SuFull Text:PDF
GTID:2166330338450401Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Commodity economy, the streets filled with a variety of products, affecting people's lives. Which, due to product liability to their users damaging events occur? In response, many countries have given the relevant legal system through the establishment of response, product liability legal system came into being. At present, China's legal system, damages for product liability initially built, in market economies play an important role in the construction, but there are still some deficiencies. Serious harm to the interests of consumers of product liability accidents continue to occur. Vulnerable consumers to make product liability case in the relief it deserves, research, and improve the product damages system is very important and urgent.In this paper, analysis of legal theory, law and economics analysis and comparative analysis, to study the system of product liability damages in order to perfect the system of product liability damages recommendations. Paper is divided into four parts.The first part is product liability damages for general analysis of the legal system. Explained the meaning of the concepts and nature of damages to determine the scope of product liability product liability damages is to study the primary focus of the system.The second part of the United States, European countries and Japan, compared the legislation to seek them learn from our country.The third part of the existing product liability for damages on the legal status and lack of provisions. By the relevant domestic laws and regulations, especially the newly promulgated "Tort Liability Act, "the analysis and found that there are still some problems can not be ignored.A perfect fourth part of my responsibility for damages made legal regime. First, create a system of damage compensation law, the law applies to resolve the conflict there. Second, punitive damage is to improve and expand the scope of punitive damages, to determine the amount of punitive damages standards. Third, improve the compensation for moral damage, and expand the scope of compensation for moral damage, determine the compensation standards.
Keywords/Search Tags:product liability, damage compensation, punitive compensation, spiritual damage compensation
PDF Full Text Request
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