The Empirical Research On Determining The Solatium Of Product Liability

As one of the hot topics in Chinese legal field at present,although the determination of the solatium has been disputed for a long time,most of the results have stayed on theoretical research,which is particularly evident in the field of product infringement.In view of this,based on empirical research methods,after summarizing and quantifying the relevant factors of product liability’s solatium,the research is carried out with the corresponding statistical software on the base of 549 judgments that meet the requirements of the Chinese Judgment Document Online:on the one hand,the group of judges’specific referee preferences can be visualized and made clear.For example,the judges will take into account up to 10 factors,and the victim injury compensation coefficient has the strongest explanatory power on the solatium;the judges apply different standards of judgment with different casualties when dealing with cases of victims;there are large differences in the type,number,and importance of influencing factors considered by judges in different regions in determining the amount of compensation;on the other hand,based on judges’ judgment trends and judicial collective experience,a quantitative model of solatium of product liability is established and optimized.The specific application of this model should follow the steps of "modeling-forecasting-correcting",which is of great significance for safeguarding the lawful rights and interests of the parties,enhancing judicial credibility,and promoting the construction of smart courts.In addition,in order to solve the confusion of the application of the rules for determining the solatium in judicial practice,the principle of uniforming product liability spiritual damage discretion standards as the dominant and judges’ discretion as the supplement should be adhered to at present:as far as the court system is concerned,artificial intelligence technology should be seen as the positive role in unifying discretionary standards,and the scale of the discretion standard should be determined reasonably from the three aspects of the consideration type and quantity of factors,the trade-off between the importance of factors and the applicability of the quantitative model;as far as individual judges are concerned,they should give full but limited play to subjective initiative.In addition to adhering to the spirit of the rule of law,discretion should also take into account moral considerations and procedural justice.Only in this way can the solatium of product liability be finally unified in predictability and acceptability.