Research On Establishing The System Of Punitive Damages On Product Liability In Our Country

Aiming directly at current legislation about damage compensation on product liability in our country, this thesis researches its drawback and omission and proposes some suggestions based on referencing advanced legislation and judicature experience of other countries. By perfecting the system of harm and compensation of the product liability, the consumers' privilege can be effectively protected. Also it will forces the enterprises to strengthen quality of products, prevent the even of harm and compensation and resolve various crisis.Except the preface and conclusion, this thesis includes three parts. In the first part, by analyzing the cases about damage compensation on product liability, the drawback and omission of current institution are revealed. Furthermore, the viewpoint of this thesis is proposed in terms of these existing problems. It is that Punitive Damages System should be established in the Legal System of Product Liability in our country in order to perfect the Product Liability Law. In the second part, the reason of Punitive Damages System is analyzed. By these analysis, this thesis elucidates the suitability of this institution in Legal System of Product Liability in our country. In the third part, the legislation scheme of establishing the system of punitive damages on product liability is researched. Firstly, About the selection of legislation pattern, product liability is classified into Civil Code as general regulations. Product Liability Law is formulated as a specific regulation after that. Secondly, the main conditions suitable the system of punitive damages on product liability include several ones:Subjective condition, objective condition and the causality between product defect and damage cases. Thirdly, in order to decide compensation quantity, legal cardinal number can be caculated. The compensation quantity can be caculated based on combinating this legal cardinal number with other factors. In addition, The we suggest that the limit of compensation quantity should not be set in our Civil Code.But the law can authorize the people's representative in the place of the province, autonomous region and direct jurisdiction city, the conference draws up the leading standard of the region respectively.