Product Liability Mental Damages

Product liability spirit damages, which play an active role for the protection of the legitimate rights and interests of consumers, is an important component of product responsibility.China's existing laws and regulations on product liability spirit damages have some deficiencies, mainly manifested as follows: I .the narrow scope of compensation II .compensation is sometimes too low for victims III. heavy burden of proof for victims.In the light of the existence of these deficiencies, the existing laws and regulations on product liability spirit damages cannot provide timely, comprehensive, effective judicial relief for consumers when their legitimate rights and interests, especially at the moment of mental harm, are damaged.The perfect of product liability moral damage compensation system, for the protection of the legitimate rights and interests of consumers, have positive significance. In the spirit of damages cases caused by the product deficiencies, the scope of protection of consumer interests and spiritual compensation amount is closely concerned two issues by consumers, which is also the key point to fully and effectively protect the legitimate interests of consumers.In the light of scope of protection of consumers' spirit interests, the relevant provisions of existing laws is too narrow. Consumers can claim for the spirit damages, only if death or disability caused by the deficient product;and cannot claim for the same damages, if the damage is just common or ordinary. Taking notice of this law deficiencies, the scope of protection of consumers spirit interests should be expanded to such degree as victims can evident the spirit damages as much as possible.In the issue of amount of damages, such factors as vicious malice of abuser, the fault of the victim, the economic situation of the abuser etc, should be considered. The purpose of determining this amount is both comfort the victims and punish the producer to prevent such event occurred again.As so important, the perfection of product liability spirit damages system should play a very important role in the protection of consumers' litigate interests and the process of health development of China' market economy.