The Study Of How To Determine The Amount Of Product Liability Punitive Damages

At present days, Chinese economy has made achievements of world interest. But, in this day, someillegal merchants are intent on nothing but profit, make fakes and sell fakes making fake goods flooded inthe market. All disturbs the order of economy market and harms consumers’ legal rights. The conduct isbeyond "the Law of Consumers Right"."Infringe right" is the first law to confirm punitive damages inproduct responsibility. The law made people relieved, but there is still a fly in the ointment: how to confirmthe amount of punitive damages and according to what standard, which make the law show some pity inoperation.The law of punitive damages is unique to Anglo-American Legal System. With the advantages ofstandard market manifesting, countries of the Continental Law System began to pay attention to it andaccepted it gradually. China has been regulating some punitive damages rules, such as,＂Consumer rightEnsure Law＂,＂Food Safety Law＂.But there is a fact that can not be overlooked": All these rules havefaults in the amount. All these punitive damages are based on the cost of goods or service, which isunscientific. The concrete reason will be stated in main body. The law of Punitive Damages lacksmandatory. For example:"may request" not "ought to"; no matter whether "twice punishment＂or "tentimes punishment＂, in most consumers life, the punitive damage that is based on the goods price seemslower, even the loss overweighs than gain. After weighing the pros and cons carefully, most of theconsumers choose silence. In incorporate today, municipal law also apply to the products made byforeigner-makers. Whereas, Chinese punitive damages is far lower than international standard. It reflectslaw-maker consider little about the answer to international punitive damages.The text uses comparison way, draws lessons and summarizes the Punitive Damages Law ofAmerican, Australian and Taiwan. Finally, summarize five principles in confirming the amount of punitivedamages: limit properly, treat differently, compensate fully, compensate according to percentage, judgefreely by judge. When confirming the amount of punitive damages, we should treasure by consumers’actual damages, meanwhile, we should consider some other relevant items: for example, treasure to goods-operator, may accept various punishment, economy state and ability to compensation, the extent ofsocial danger and make profit from illegal conduct. In view of Chinese present situation, in order to makepunitive damages become more operate, we should make punitive damages law in proper area, that is to say,make punitive damages have maximum and minimum. Limit can prevent the judge abuse discretion, and tosome degree of protection enterprise form, not to the enterprise cause deadly strike, hinder the developmentof the economy; And the lower provisions, the guarantee the basic interests of the consumers, avoid tomaintain their own rights and interests of consumer not worth the cost, from this and a vicious circle,indulge the illegal operators.