On Punitive Damages Applicable In Product Liability In China

The thesis mainly discuss how to establish effective system of punitive compensation for damages in order to deal with overflowing of counterfeit goods hat has happened in China's market. On the basis of analyzing the deficiencies and limitations of the system of compensation for damages in the field of product liability in China, I put forward the legislative suggestion of perfecting the system.In view of the existing legislation and judicature on product liability in our country, examining the system of compensation for damages combining theory with practice, and trying to learn from advanced foreign experience in the legislation and judicature , I sugest to establish the operatable system of punitive compensation for damages in the field of product liability law, which should be suitable for our national conditions. By the way of improving product liability syste, I hope that consumers can effectively protect the legitimate rights and interests, and enterprises can unceasingly strengthen the quality control consciousness ,the honest code of honor and the legitimate management, practically protect the personal and property safety of consumers, actively prevent possible damages, and resolve problems arising from the various crises.This thesis consists of five parts, excluding introduction and conclusion. The first part outlines the existing legislation and problems on product liability in our country, mainly including uncoordinated legislation system , product The damage compensate imperfect basic content of compensation for damages ,and single function of the system of compensation for damages. The second part comprehensively introduces legal definition damages, characteristics, values and functions of the system of compensation for damages. And the system has such characteristi as cpunitive, legality and attachment. From its functions inclouding compensation,sanction and containment,it can be found that the system does not contradict the principle of remedy and restoration required by traditional civil law,and makes up for the deficiencies and weaknesses of the system of compensatory compensation.Further,the thesis compares the similarities and differences other between punitive compensation and other civil compensation, and briefly analyzed the value goals pursued by the punitive compensation such as justice which is the basic value goal , order and efficiency, freedom and equality, and the protection of the rights of the weak. The third part introduces overseas experience of the system of punitive compensation as well as its enlightenment to our country.The fourth part cites examples to proof necessity and practical significance of establishing the system of punitive compensation in the field of product liability in china. The fifth part explores the problems to which we should pay attention when applying the system of punitive compensation to product liability.