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Study On The System Of Punitive Damages To Product Liability

Posted on:2018-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2346330518469641Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Product liability is a legal responsibility which is related with the vital interests of citizens,and it is focusing on the issue of compensation,i.e.relief after rights being infringed.With the continuous evolution of modern legal concepts,punitive damages has become the most critical point in the issue of compensation,because it reflects the legislative ideas of product liability law in this country.Because of frequent product infringement incident in society,consumers are particularly worried about the safety of products.In order to protect the interests of consumers better,China has made a definition for punitive damages,but in the view of specific implementation,this system has still limitation,therefore we need to make a deeply discussion.This article has six chapters,the first chapter: introduction,elaborated the research purpose,research status in this region etc.The second chapter: discusses the basic theory of punitive damages about product liability.By researching on the definition and legal attributes of product liability and punitive damages,so that we can have a full understanding of the system.The third chapter deals with the legal value and legal function of the punitive damages system in the field of product liability,and demonstrates the significance of this system in product liability from these two dimensions.The fourth chapter studies the deficiencies of punitive damages regulation for product liability in China,mainly focusing on the applicable elements,the applicable relationship between the law,the legislative model and the definition of punitive damages compensation etc.The fifth chapter: lists the suggestions for improving punitive damages of product liability in China,including broadening the applicable elements and determining the applicable relationship between the law reasonable,establishing a scientific legislation model and defining compensation gold reasonable and so on.The sixth chapter: conclusion,when giving out the suggestions for improvingpunitive damages system for China's product liability,China's national conditions should be fully taken into consideration.
Keywords/Search Tags:product liability, punitive damages, perfect
PDF Full Text Request
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