On Product Liability Punitive Damages System Comparison

Punitive damages system is a special civil system of common law system countries, but has not been adopted by civil law system countries. However, it has great influence to the theory of product liability and legislation in civil law countries, because of it is playing an active role in the area of product liability. Therefore, many scholars have written papers to advocate introduction of punitive damages system. With introduction of the punitive damages system to the product liability as a subject, this paper analyzes the functions of punitive damages system in enhance the quality awareness of the producers, the production of basic human rights, improving protection of the basic human right, improving products quality and promoting the economic development and the current problem it faces theoretically and practically.Chapter I, outlining punitive damages system, explaining the concept and features of it, and introduce the development history of it. To illuminate the concept of punitive damages, this chapter analyzes the characteristics of it by comparing it with compensatory damages. In addition this chapter introduce the development and history of both civil law system and common law system.Chapterâ…¡, illustrating the sphere of punitive damages and the elements of liability punitive damages, subjective elements are the key points. Punitive damages require subjectively deliberate and gross negligence, malicious motives, and behaviorally disregard and disrespect the rights of others, which should be condemned morally. Chapterâ…¢,Analyzing the significance of punitive damages by discussing its value and functions. The value of legal system lies in justice, order and freedom. In order to reveal the significance of punitive damages to the development of human society , this paper analyzes its value by considering whether it can bring justice, order and freedom. As regard the question whether punitive damages is able to bring security and efficiency, the author, by contrasting the existing theories, insists that we should think about the counting method of product liability punishment amount from the viewpoint of depriving the infringement profit, instead of the idea of the American scholar A.Mitchell Polinsky and Steven Shavell, which focuses on tort to offer a formula that accurately calculates the amount of punitive damages.Chapterâ…£,The key chapter of the paper, illustrating the theory of punitive damages and the obstacles against practical application. The key points of this chapter cover the division of public and private law, plaintiff profiting, the nature of punitive damages and its impact on economic. The illustration of this section make a point clarity the obstacles that product liability punitive damages are facing and the solution to them, theoretically and practically.Chapter V, Improving our legal system of our country. The necessity and possibility for establishing the product liability punitive damages system. This chapter illustrate the possibility of product liability punitive damages from the current situation of our products quality and the deficiencies in the present legal system; appraises from the practical problems faced by the introduction of product liability punitive damages system to our country. And making relevant recommendations to their feasibility. Finally, to explore and recommend of introduce of product liability punitive damages system in the Civil Code based on its significance.Concluding remarks Summing up the views and conclusions of this paper.