Study On The System Of Product Liability Punitive Damages In Forty

When product liability accidents happen, the aggrieved parties always suffer much more so it is difficult to offer effective protections for their basic rights and interests through compensatory damages. Nowadays, the existing principles of compensatory indemnity in China still can not meet the needs of this situation. Therefore, Chinese product liability desirably needs to introduce the punitive compensation system to endow the aggrieved parties with the rights of requesting the punitive damages. Although the47th item in Tort Liability Law has established the punitive compensation system, now available rules are unduly principled, and the following weaknesses still exist in this system. First, the subjective essentials are much too narrow; second, objective essentials too strict; third, the rules about the aggregate amount of punitive compensation not clear; forth, the scope of liability subject too narrow; fifth, doctrines of liability fixation too single. On account of the current situation, this thesis carries through the comprehensive analysis about punitive compensation system of product liability. Based on the analysis of the existing problems of this system, this thesis proposes perfection measures in China by taking example of mature experience of American Law and in order to make it more suitable for Chinese reality, it is necessary to devise this system from five aspects, including expansion of scope of the compensatory subjective, relaxation of the restrictions of the damage results, clear explications of the amount of indemnity, expansion of scope of liability subjective, improve the doctrine of liability fixation.