On The Punitive Damage Of Our Product Liability

Punitive damage was originally created by the British, which developed by the UnitedStates to become a featured legal system, China had absorpted and applied it to domesticlegal system. The he punitive damages for product liability had been clearly defined in ourTort Liability Law, which is of great significance for the protection of consumers from thedefective products Compared with foreign country, The punitive damages has beingwidely used for product liability cases. However, the judicial practice of our country has alittle related cases. By analysis, our tort liability law on this system has high requirements.Compared with the common law on punitive damages, Article47of The TortLiability Law is egeneral and vague, limits the functionis of our Tort liability law. AsAmeica is one of the representative common law system countries, which have muchlegislative and judicial experience. Combined with our present judicial situation, theimportant part is the application analysis of article47of the tort liability law. We can drawa conclusion that article47of the tort liability has some Stipulated defections. Specificallyincluding the subjective element, objective behavior, consequences of the damage canrelax the requirement. The three elements can have modest relaxation In addition，theArticle47of the tort liability law is too principle and lack in maneuverability, it is has notprocedural guarantee. There have no the standard to determine the amount of Punitivedamages, there have no corresponding judicial interpretations to be clear, it has shorteg ofprocedural guarantee. Additionally, the burden of proof and reasonable allocation ofresponsibilities should also be arranged.Therefore, the article focus on the article47. This paper apply documentation andcomparative analysis to analysis the significance of the punitive damages in our the Tortliability Law. How to determine standard to the amount of Punitive damages. In order to Makecontributions to the punitive damages for product liability of judicial practice. in the futer.