Study On The Application Of Article 47 Of Tort Liability Law

Punitive damages originated in the United Kingdom and the United States.It is different from the general compensatory compensation system.It is a special damage compensation system with functions of punishment,prevention,and incentive.The civil law system has a tradition of"homogeneous compensation" and generally has a negative attitude towards the application of punitive damages in the field of civil compensation.Although China is a civil law country,due to China's current narket economy system is not mature enough,and in the product area,some operators are mercenary and will know the well-known products that threaten people's life,health and safety into the market,resulting in an endless number of product safety accidents.In order to curb the occurrence of such nalignant product infringements,Article 47 of the Tort Liability Act of China for the first time established a punitive damages system in product liability.However,as the legislative attitude of this provision is too conservative and the legal provisions are too general and lack of operability,the system cannot fully play its role.In order to solve the plight of applying punitive damages for product liability,this article analyzes and improves Article 47 of the Tort Liability Act from three aspects.First of all,it is necessary to clarify the connotation and proof of "knowing,in the article.For "knowing well,,not only"explicitly know",but also the meaning of knowing,presumed knowing,and gross negligence.Proof of knowledge is based on proof that the product does not meet the mandatory standards and the operator violates the recall obligation.;Second,we must clarify the product defect identification standards,the product exists "unreasonable danger" that the product is defective,completely abandon the "national,industry standards,"identified product defects The approach is only to use it as the minimum reference standard,and the identification of unreasonable risks mainly depends on whether the product meets its intended use,and whether ordinary consumers in the society have reasonable understanding of the safety of the products they purchase and use.On the basis of the"unreasurable risk" certification standard,the product defects of our country are typed and the specific identification standards of different product defect types are analyzed.Finally,the standard and calculation method for the amount of punitive damages for product liability shall be clearly defined.The actual loss of the victim shall be used as the basis of compensation.The amount of the actual loss of the victim shall be taken as the range of punitive damages.In specific cases,the judge determines the punitive damages specifically applicable within the range of punitive damages based on the specific reference factors involved.