Study On Product Liability Damage Compensate System Of Our Country

With the continuous develop of science and industrial production, products of wide range and feature-rich has brought great convenience and comfort to people's life. However, personal and property damage cases emerged one after another, due to the shortcomings in the products, made the product liability disputes continues increase. So, Europe and the United States and other developed counties made special litigations on the product liability issues, to strengthen the responsibility of producers and safeguard the consumers, gradually formed a strict duty attribution principle for the Product Liability Law System. China also has developed a series of product liability law and regulation,"General Principle of Civil Law","Product Quality Law"and"Consumer Protection Law"and other liability has structured a basic framework of the legal system, a number of separate laws and regulations and the relevant judicial interpretation of the Supreme People's Court also made a related product liability provisions. However, there are still many inadequacies in product damages liability, such as the lack of provisions in personal injury compensation, the mental damage compensation, and the punitive compensation.In addition to the introduction and the conclusion, the paper is divided into four parts.Part one: overview on product liability damages. Product liability damages is due to the product flaws, after has made personal and property damage to the user of the product, the consumer and a third person, the producer, the seller should bear the legal consequences of the law. Product users, consumers and a third person has the right to ask damage compensate including personal damage compensation and punitive damages. Of these, personal injury compensation should increase the amount of compensation, property damages should provide compensation for the minimum limit. Part two: the legal status on product liability damages in some counties. Caused by the increasing examples of the use of products and personal and property damages, Europe, the United States and other developed countries have made the relevant legislation, specific and detailed the provisions of the scope of product liability damages, the function of compensation and the amount of compensation. Among them, including the scope of that material damages, moral damage compensation and the punitive damages.Part three: the legislative system and the shortcomings of China's product liability damages. At present, China's product liability damages has only made legislation on the personal injury and property damages compensation, but has no spirit damages and punitive damages of the relevant provisions. Personal injury and property damage compensation is only a remedy after the damage, but the product liability damages regime should also have a certain role in the prevention and punishment. Therefore, our country's product liability damages system mainly has three areas of shortcomings: product liability damages system uncoordinated; personal injury compensation of low level; damage compensation for a single function.Part four: improvement of legislation system on the production liability damages. Together with some foreign countries'product liability damages for the legislative system, China should perfect the define scope and the compensation scope on personal injury and property damages compensation, establish the moral damages and the punitive compensation system. Develop the product liability damages system with the function of prevention, remedies and penalties together.