On The Punitive Damage Of Product Liability

In the purpose of decreasing the number of product liability event in the market, our country has successively stipulated punitive damage system in the Law for the Protection of Consumer's Interests, the Interpretation of Supreme People's Court for Some Problems in the Applied Laws for Trying Controversy of Contract of Sale of Commodity of Houses, Food Safety Law, the Law of Trot Liability. However, owing to the fact that all the time our country is in the prudent attitude towards punitive damage system and strictly limits its applied conditions and scope, which is not enough to punish the people concerned and results in the reality that in the early relevant laws punitive damage clause has infirmities in practice, it is not ideal for punitive damage system to control the number of the event of the product liability. Although Clause No.47 in the Law of the Tort Liability, which was passed on the day of 26th of December in 2009,comparatively has breakthrough in the stipulation of punitive damage of the product liability, it has a few problems. By means of the retrospection of status quo of legislation of punitive damage of product liability in our country, this paper aims at producing its deficiencies of legislation and mainly putting forward a series of ideas about how to perfect the applied conditions, the compensation extent and the amount of compensation in the system of punitive damage stipulated in Clause No.47 in the Law of Trot Liability.