The Theory Of Punitive Damages In Product Liability System In China

The punitive damages for products liability in China has important significance.It concluded that it’s not only to punish the illegal behaviors and contain infringing products behavior,but also can make compensation and incentive the lawsuit.It’s applicable elements detailed analysis the applicable elements mainly from the defects in the products、the subjective intention、serious consequences and so on.The scope of product should be extended to oil and gas,electronic products and biological products,the scope of product defects should increase tracking observation of defects,the infringer should knew that the defect exist in the product,the injury include death and severe harm to the health and the relationship between product defects and the injury.It mainly examined its defects and put forward the relevant perfections with our social status.It mainly displays in that the main body has not point out,degree of subjective fault is too harsh and so on.It required that clearly pointed out the main body.the subjective elements should include the intent and gross negligence,expanded its scope to property interests.take the actual loss as its account standard,adopt the calculate model that the multiple type combined the type of limit the amount,and reasonably determine the reference factors,so that enhance the operation of this system.