Comparative Analysis Of Punitive Damages In Product Liability Between China And The United States

This thesis mainly demonstrates the historical evolution of liability punitive damages system to understand and grasp this system grandly. On the basis of the comparative analysis of this punitive damages in product liability between China and the United Sates, the issue of the punitive damages in product liability system should be summarized in China. Combined with legal reality of China, the legislation of this system could be consummated. Specifically, the thesis includes the following two parts:The first part is about the applicable condition of punitive damages in product liability? Both countries include four elements which are fault, illegal behavior, the result of damage and causation. However, this thesis argues that when applying this system, the United States more focused on the actor's subjective vicious, has already established a variety of tort's type, and includes property damages as well as personal damages. Moreover, the thesis concludes that specific proof standard is given for this system providing a clear direction. Compared with punitive damages in product liability in China, the requirements of actor's subjective vicious requirements is lower, the illegal behavior is limited to serious personal injury, and specific applicable proof standard is inadequate. Those deficiencies mentioned before cause the dilemma when application of the punitive damages in product liability in China. Facing the disconnection between the status quo and practical needs, the thesis demonstrates that legislation explains subjective malice degree and enumerates clearly illegal type to support judges decide a case. Moreover, using legislation to enlarge not only the personal injury but also pecuniary loss can develop the provisions of applicable condition in China.The second part indicates rules when determining the amount of punitive damages in product liability. The statues law and case law in the United States enumerate factors such as the economic situation of the infringer and the duration of the infringement to analyze each specific case. The United States also requires the infringer paying part compensation to government and court trial separately to ensure the rationality of the punitive compensation. In our country, the Food Safety Law of the People's Republic of China and The Food Safety Law of the People's Republic of China specify the fixing compensation and are lack of flexibility. These defects reduce the rationality of the punitive compensation. Moreover, there is no rule about how to determine the amount the punitive compensation in Tort Law of the People's Republic of China. Hence the judge could not confirm the reasonable amount and this system could not play a proper role. Therefore, this thesis argues providing more reference factors or giving the judge legislative precedents guidance to guarantee the judge discretion to make its entity reference. At the same time, it is way to ensure the reasonable punitive damages amount by prohibiting enterprises covered by insurance against liability for punitive damages and the government requiring the infringer to pay part of the punitive damages. All these methods are to balance the interest of all parties.