Research On Establishing The System Of Punitive Damages For Defective Products In Our Country

It has been a hot topic in our law circle in recent years that whether we should transplant punitive damages in product liabilities legislation or not.The thesis has discussed how to establish a reasonable disciplined punitive damages system for defective products in order to deal with the proliferation of counterfeit and inferior goods and serious infringement upon product rights which have happened in China's market.In addition to the foreword and the conclusion,this thesis includes four major parts.The first part starts with typical domestic cases of defective products,noting the inadequacies in China's damages system and the need for establishing the system of punitive damages.The second part explains the punitive damages for defective products in general theory,and then demonstrates the rationality of China's introduction of the punitive damages for defective products through explaining the functions,the legal values and the practical needs of the punitive damages.The third part introduces the application of the punitive damages system in the common law system and the civil law system,particularly in the United States,and it makes a comparison and a summary for the characteristics of the punitive damages of the two legal systems,thus lays the reference foundation for establishing a reasonable punitive damages system for our country.The last part suggests some legislative ideas for our country's punitive damages system for defective products,which is the key part of this thesis.Based on analyzing the legislative status about the damages of product liability in China,it constructs a legislative model of punitive damages system for defective products and defines the objective and subjective application elements for the system. In the issue that how to determine the amount of punitive damages,it proposes to use the method of Flexible Multiple to determine the cardinal number of the amount of punitive damages,and it redefines the considered elements for determining the specific amount of punitive damages.