Research On The Punitive Compensation System Of Responsibility Of Product

Sanlu powdered milk scandal stirred the great unrest of the public opinion for a time. In a series of legal issues related to Sanlu incident, the problem which the punitive compensation should support or not, caused hotly disputed. The author of this paper thinks that in the responsibility of product domain the punitive compensation system should be established. This article was divided into three parts and discussed the punitive compensation system of responsibility of product.In the first part of this paper, combinating Sanlu incident, the author has evaluated our country responsibility system of product which is available. The present civil compensation system of product liability already cannot compensate victim's loss effectively, furthermore it will be difficult to control the fact that the endless stream of product infringement. Punitive compensation is the system of punishment and determent. It is controversial system. Punitive damages for its unique features, on the one hand, effective relief can be victims, on the other hand, by increasing their production costs so as to effectively curb the emergence of fake and shoddy products. In the second part of this paper, the article focuses on the establishment of China's products liability tort system of punitive damages. Large-scale products in China face the facts and violations of international relations can not effectively protect the legitimate rights and interests of the state of consumer, civil compensatory damages show its shortcomings.Safety and efficiency is the value of punitive damages based on. Punitive damages in the protection of legitimate rights and interests of consumers, also encourages enterprises to maximize their own interests to pursue, thereby raising the achievement of social welfare.Punitive damages is a double-edged sword, which give full play to the full protection of consumer interests, sanctions and to prevent wrongful acts while being functional; also back with the enterprise financial burden too heavy and impede the development of new technologies negative effects. "Food Act of Security" is promulgated and put into effect, and punitive damages is established in China as an important symbol of tort liability in the field of products and establishing a comprehensive system of punitive damages has a great significance.The third part of this paper discusses the punitive elements of liability and the amount of punitive damages established. Subjective act of bad faith or gross negligence punitive damages should be responsible for the primary condition. Product has defects and defective products caused damage to the person or property, which is to assume liability for punitive elements of the objective. In establishing the amount of punitive damages, should consider the following factors: the operator's subjective malicious extent, operators of the financial situation, the consequences of violations.