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Analysis Of The Compensation For Damage Of Product Liability Law

Posted on:2008-12-19Degree:MasterType:Thesis
Country:ChinaCandidate:K ZhangFull Text:PDF
GTID:2166360218951297Subject:International Law
Abstract/Summary:PDF Full Text Request
As a legal subject, product liability has gradually become a correspondingly independent legal field in the modern age. When we observe the rule of party, property loss, personal injury, moral damage, and punitive compensation of the product liability laws in Europe, America and Asia, we find that the products liability laws are made for the victims and their families universally in those developed countries. The compensations for moral damage and punitive compensations are commonly accepted by the product liability law. Especially in USA, the rules of punitive compensation caused by product liability are severely strict.At present, the typical products liability law has not been constituted in our country and we've just made separate laws on product liability. But the active laws and judicial interpretations protect the victim not enough on the confinement and the amount of the compensation for damage of product liability. The law should demarcate the amount of the damages for moral damage,and solve the problem of the confliction of the rules . Some compensation items, such as subsidy for the nurses, nourishment fees for remedy in hospital and damages to the property loss in the future of the victims and their families, etc. should be added to the product liability law. In order to protect the right of the person and property effectively, the system of punitive compensation, which should be fit for the level of the development of the society and economy of our country, should be established quickly.
Keywords/Search Tags:product liability, the Compensation for Damage, moral damage, punitive compensation
PDF Full Text Request
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