Punitive Damages System In American Product Liability And Its Enlightenment To Our Country’s Legislation

The punitive damages system was first applied in the common law system,it has the function of compensation,punishment and deterrence.In the area of product liability,American law defines a product as a tangible personal good in commercial circulation,and makes exceptions.Common application scenarios in American law include fraudulent-type misconduct,knowing violations of safety standards,inadequate testing and manufacturing procedures,failures to warn of known dangers before marketing and post-marketing failures to remedy known dangers.Punitive damages have also been applied in the field of mass product infringement,and damage compensation funds have emerged.According to American statute law and case law,the essentials of punitive damages include the subjective elements of direct intention,indirect intention and gross negligence,illegal and punishable actions and substantial damage was caused to the infringed.Clear and convincing standards of proof apply when proving a causal relationship between wrongdoing and damage results.American courts typically organize juries to determine punitive damages.In order to prevent a jury from overstating the amount,the statute or case law sets out the reference for punitive damages.American courts will reduce punitive damages under the terms of excessive penalties as amended by the constitution.States limit the amount of punitive damages by setting a maximum limit and stipulating the ratio of punitive damages to compensatory damages.China’s consumer rights and interests protection law and food safety law stipulate punitive damages,and the tort liability law clarifies the application of punitive damages in the field of product liability.There are still some deficiencies in the current legislation in China.American law can be used with caution.We can perfect the scope of product,clarify the application of punitive damages,set the rule for mass product liability,change the subjective elements into intentional or gross negligence,relax the restrictions on damage results,set a higher standard of proof,set the reference factors,and issue guiding cases to judges.