Research On The Compensation For Mental Injury In The Product Liability

With the development of commodity economy and the great wealth of products, the cases of the damages to the mental rights and interests of the consumers and others caused by product defects are very common, product liability compensation for mental injury become increasingly the focus of attention. In order to safeguard the legitimate rights and interests of consumers, China has formulated a series of laws and regulations on product liability,"Civil Law","Product Quality Law","Consumer Protection Law"and the new"Tort Law"constitute the basic framework of the product liability legal system; In addition, some single laws , regulations and relevant judicial interpretations of Supreme People's Court have also made a related product liability provisions. However, in the spirit of product liability mental injury, there are still many deficiencies, such as the scope of compensation for mental injury to the product liability provisions is relatively narrow and vague; in the amount of compensation, there also exist provisions of general fuzzy, the phenomenon of the low amount of compensation often occurs.The thesis presents some good recommendations to completing compensation for mental injury to the product liability on analyzing in depth the status of legislation of compensation for mental injury to the product liability domestic and abroad to better protect the legitimate interests of consumers. First, concepts related to product liability compensation for mental injury have been described; Secondly, The legislative status of the system of product liability compensation for mental injury abroad and domestic has been analyzed; Thirdly, The scope of product liability compensation for mental injury has been analyzed and determined; Finally, the amount of product liability compensation for moral damage were analyzed and determined. Hope to make some contributions.