China-us Product Liability Damages Comparative Study

Product liability, the result of the large-scale modernization cultivation, stands out increasingly both in legal theory and practices in the countries all over the world. As the core of the product liability, the system of harm and compensation of the product liability can protect the customers better when it is perfected. In this article, the writer compares the American product liability system with the Chinese one in the criterion of Liability, the subject of compensation, and the scope of compensation. Finally, the writer puts forward some personal suggestions; hopefully they are helpful to the perfection of the system of the harm and compensation of product liability. This article consists of five parts:Part I :This part is mainly on the comparison of the history of American and Chinese product liability. It is the basis of the following parts.Part II :The American criterion of liability includes: Contract Liability, Negligence Liability, Warranty Liability, Strict Liability, however, in China, there are various opinion on this. American law pays more attentions to the product itself, and Chinese law emphasizes more on the subjects.Part III: This part concerns on the difference of the compensation subjects between American law and Chinese law. There is no substantial difference in the subject of right, but in the subject of liability aspect, the scope of American law is more widely than the Chinese law.Part IV:This part analyzes the difference of the extent of the compensation. Except the compensation of the personal injury, the property damage, this part also makes a distinction on the moral damage compensation and punitive compensation. Part V:This part is the personal suggestions. It includes four parts: enlarging the subject of right and liability, improving the moral damage system, establishing the real punitive compensation and simplifying the proceeding process.