Compensation For Damage Range Questions Of The Product Liability

The scope of the product liability damage compensation has been discussed in this paper, This is not only a theoretical issue,it should meet the needs of the ethical and practical. During the disputes of products liability, though the process of product defects recognizing and the application of the principle of imputation is of great importance, the parties concerned much more about the compensation for damage. Due to different legal tradition and legal culture, the scope of product liability for damages legislation vary from country to country. As for China, issues of damages concerning product liability are an indispensible aspect of the system of product liability. Therefore, based on the scope of product liability for damages as the main research object, this paper tries to explore the deficiency of relevant laws and regulations, and put forward some proposals.This paper consists of seven parts:The first chapter is an important introduction,which briefly expounds the concept of the product, as well as the product liability. Meanwhile, the scope of product liability for damages will be introduced in the part. In addition, whether a few kinds of special items belong to product is explained here. And on the basis of it, here makes an introduction to the principle of the research object in this article.The second part mainly focuses on the values in legal theory and in the damage of legal practice to products liability. From the perspective of consumer protection, perfect the system construction, and the steady advance of science and technology, formulating the corresponding product liability compensation system is imperative. Through this part, we will accumulate more about the scope of product liability to damages for further discussion.The third to the sixth part analysis the present specific issues of our product liability compensation system and the insufficiency, including the personal injury compensation, mental damage compensation, property damage and peculiar to product liability punitive damages. Furthermore, under property damages, base on the interpretation and application of the law, the problems of product damage and “other significant loss” is discussed respectively. Finally, it points out the plight of our existing legislation and judicial application to pave the way on that below in each particular problem.On the basis of the above discussion, the final part discusses how to improve our product liability damages legislated system and judicial application. To better the specific issues mentioned above one by one, some relevant legislative suggestions are given. They are: the personal injury compensation of product liability shall include the cost of living; a model of the compensation of mental injury in product liability; to properly fill the product liability property damage system; some suggestions for the application of the system of punitive damages in product liability.