Study On Product Liability In China To Determine The Amount Of Punitive Damages

Whether the product liability punitive damages should be the introduction of tort liability system is the field of a highly controversial topic. December 26,2009 promulgated the "Tort Liability Act" specifically Article 47 of the "punitive damages" as a way to write Defective Product Liability Act, by no doubt at the legislative level of the product liability system, a great improvement and development and also with international standards, improve international competitiveness of our products, the major legislative initiatives. Product liability punitive damages implementation effect is good or bad, the key is how to determine the amount of punitive damages, unfortunately, "Tort Liability Act" does not this give a clear specification, but only "appropriate" provisions of the fuzzy representation it. How to determine the product liability the amount of punitive damages in judicial practice has become urgent need to address key issues in this article tries to explore in-depth theoretical issues and concrete solutions.This article is divided into five parts. The first part of the author first product liability provisions of the domestic system of punitive damages has combed the legal provisions, and then make the practice of the main problems solved:First, "Tort Liability Act" of punitive damages in product liability standard-fuzzy; Second, "Tort Liability Act" and the coordination between the relevant laws. The paper will focus on these two issues. The second part, the author focuses on the amount of punitive damages in product liability determined in discussing the interests of balance, focus from social and public interests and private interests, the interests of producers and consumers to do two different dimensions of a detailed theoretical analysis. The third part of the foreign amount of punitive damages in product liability legislation established a comparative analysis of patterns, in the common law and civil law Comparative related legislation, while detailed analysis of the Legislation of China for reference. The fourth part is in the second and third parts of the theory and practice of foreign law on the basis of the discussion, focused on solving the "Tort Liability Act," the "appropriate" amount in the judicial practice to determine how specific issues, the author were determined from the amount of the basic principles, considerations, four specific criteria and rules for the design aspects of the more detailed discussion. Part V of the major rules of law co-ordination of theoretical study, attempts to apply the relevant legal conditions for analyzing the differences, competing legal rules of how to choose the basic ideas and specific proposals.