Research On Punitive Compensation For Products Infringement

The Punitive Compensation System for products infringement liabilities is still at the initial stage in our country. After analyzing the philosophical views of utilitarianism, the thesis makes it clear that utilitarianism is the origin of thought of Punitive Compensation System. The application of punitive compensation is the consequence of people's utilitarian thinking about the importance of safety, and is meant to restrict the phenomena of products infringement. The thesis probes into advantages and disadvantages of punitive compensation. Austere current situation for products infringement and legal value of punitive compensation indicate the necessity of applying punitive compensation to products infringement in our country. Therefore, after introducing pertinent laws and regulations about the applicable punitive compensation for products infringement in some foreign countries, compared with pertinent laws and regulations in our country, the thesis demonstrates how to establish the Punitive Compensation System for products infringement liabilities. In one hand, it tries to give a clear definition of the seller and the producer and to confirm their respective liability limits as far as the subjectival factors are concerned. In the other hand, it emphasizes the excoriability of subjective factors of the applicable punitive compensation in order to prevent the abuse of punitive compensation. Finally, the thesis tries to confrim the final attrition and insurability of punitive compensation in order to help establish a practical Punitive Compensation System for products infringement liabilities.