The Research On The Damage Compensation Scope Of Product Responsibility

The compensation of damage from the products is paid by the product makers and related parties, which is compensated to the loss of human and their property caused by using the defective products. It provides the detail of various damages and ways to compensate for a particular loss.Different country has different law regarding the compensation of damage from the defective products. Most countries have the compensation law for the loss caused by the defective products, however, there are some differences in the spirit loss, productive loss and economical loss resulting from the faulty products, and it is more popular to adopt the published compensation rules in the world. The law about the product responsibility in china is still in the beginning level, especially for the range of damage compensation from the defective products.The damage of property means the economical loss caused by the defective products. Under the compensation law, its range is up to product-self loss in order to protect the customers. Regarding the compensation rules, it is good to collate the limitation in the overseas to make the highest and lowest compensation.The damage of human is composed of physical and mental damage. Physical damage is defined as people's life, body and health is hurt by the detective products, but mental damage is not clearly defined in the product responsibility law. Since the development of legislative theory, in order to protect the consumers, it is thought to incorporate the mental damage in the formal legislation and make the compensation rules as soon as possible.The Pecuniary Loss is defined as the loss of expected economical profit and using value in England, America and France, however, its compensation is not confirmed in china. From its establishment, content, transfer and responsibility, it can be include in the scope of the compensation of product since it has the character of tort law. The limitation should be provided as considering its specialty.The published damage compensation is paid more than actual damage compensation. It is in the important position in the society with multi functions. Until today, it is only listed in the section 49 "double compensation" of 《the law for consumer right》. However, there are some unreasonable things in its scope, condition...