Analysis On The Liability Of Punitive Damages

"The people’s Republic of China tort liability law"(hereinafter referred to as the"tort liability act") was promulgated, important milepost in China legislative history,this method not only infringement on Chinese civil law has made a comprehensiveand detailed provisions but also made innovations in many systems. The provisionsof article forty-seventh of the "punitive the liability for damages" is the one of them.Since1993China promulgated the "consumer protection law", the system ofpunitive damages had been introduced in some special methods. Compared with thecountries of Anglo-American law system, many details of our judicial system arestill not perfect."Tort liability law" forty-seventh article plays an important functionin the tort liability. Firstly, is the compensation of the victim’s damage, and comparedto previous, the compensatory damage compensation can completely compensate thevictim’s damage, including the legal fees and other costs, the victim from the winloss dilemma. Secondly, it is to punish the illegal behavior of people, by seriouseconomic sanctions against the illegal behavior not only, also deter other people against potential, to protect the real role for consumers. Not only embodies thefairness and justice of law, but also to maintain the overall harmonious social order,protect the equal status of producers and consumers."Forty-seventh applies the tort liability law" must also meet the followingconditions:(1) the existence of defective products;(2) causing death or serioushealth damage;(3) the causal relationship between the product defects and damage;(4) that, in the academic circles have different understanding of the specific contentof elements. For example, the definition of defective products, in the law circlesexist "one Yuan" and "two Yuan". I think we should use a standard, namely theunreasonable danger standard. Do not meet the national or trade standards are theminimum standards, in line with national or industry standards do not represent theproduct without defects. Scholars are still disputing is about knowing understanding,what is "knowing", Professor Lixin Yang thinks including direct intention andindirect intention, but I believe that China should learn from the United States ofAmerica provisions, gross negligence shall also be included. Because of grossnegligence, the producer even the general duty of care is not reached, regardless of the health and safety of consumers, so the author thinks that gross negligence,producers and sellers should also be subject to punitive damages. Defective productcauses damage, law of damages were strictly limited, is intended to limit the scopeof punitive damages. The author thinks that the serious health damage scope,including not only the physical health but also psychological health. Serious healthdamage can be evaluated according to our country disabled standard, the disability asevaluation standard, in order to determine the scope of punitive damages.The subject of compensation must be clear responsibility for punitive damages,as well as the content of responsibility. Product liability subject includes theproducers and the sellers. The scholars have different opinions, the author is of theopinion that does not include. Because first of all raw materials, parts andcomponents products do not meet the definition of scope, secondly, the consumer isnot easy to prove that the main responsibility, even if the provisions are no practicalsignificance. Damages include physical and mental damage compensation. How inthe calculation of the amount of compensation should be used to determine theelastic calculation model, the reasonable lower limit. In the amount of compensation should be taken into account and compensatory damages relationship, withcompensatory damages as a benchmark, to determine a reasonable ratio."There aremany disputes about the local forty-seventh of tort liability law", the implementationof it need to be combined with the "product quality law", a clear product concept andresponsibility of the principal, and the calculation of the amount of compensationstandard and method of calculation also requires detailed rules. To find a reasonablebalance between the producer and consumer interests, so as to better safeguard thelegitimate rights and interests of consumers.