Study Of The Moral Damage Compensation Standard For Products Liability

By combing 51 cases of moral damage compensation for products liability since the implementation of “Tort Liability Law”(2010-2014), I find that comparing the amount of compensation for personal injury with this for moral damage, the latter is obviously on the low side. The judge generally attaches the moral damage compensation to the body damage compensation, which “symbolically” accounts for a very low proportion. Even the victim has a serious mental damage compensation request but the body is not damaged. But the judge does not support it. This reflects that the general civil tort compensation is not applicable well to moral damages compensation for products liability, which contraries the justice. The law field and the judicial circle have not had a clear solution yet. The reason is that the analysis of the tort liability law in the law field focuses on academic study instead of the actual study. For the judicial circle, the word “serious mental damage” is ambiguous, which is very difficult to operate. Considering these factors, I combine the key words of article 22 in tort law, and analyze the cases to solve the moral damage compensation standard problem. In the method of hermeneutics, “human right” aims to eliminate property rights. “Serious moral damage” should exclude the slight moral damage,aiming to protect mental health right. As for making sure the semantic space of the word “serious”, I learn from the foreign medical standard, “double amount money damage compensation” restrictions, table restriction method. Combining the money case judgment, I divide “serious moral damage” into “general serious”“serious” and“extremely serious”, which are based on the amount of damage compensation. Once the compensation standard is determined, the judge can determine the amount of the moral damage compensation for product liability. In order to make the study more scientific, I use some judicial cases of failure to check the compensation standard.