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Dimension of economic law of punitive damages in product liability system thinking

Author: ZhangMin
Tutor: QiHuang
School: Jilin University of Finance and Economics
Course: Economic Law
Keywords: punitive damages production damages tort liability
CLC: D923.8
Type: Master's thesis
Year: 2010
Downloads: 144
Quote: 0
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Abstract


2008 "Sanlu milk powder" incident gave birth to "Food Safety Law" .The introduction of punitive damages has been applied in the area of food ,which has relationship with people’s livelihood, and in December 2009, "Tort Liability Act" expressly provides for the being of penalties of damages system, the presence of defective products seriously infringed upon the legitimate rights and interests of consumers, in order to effectively contain defective products entering the market. It’s needful for establishing punitive liability provisions, because the law could increase the cost of the offenders so that they don’t dare to mention the walk insurance. "Tort Liability Act" gives full consideration to this issue and establishes a recall system and punitive . damages But it does not specify what is "punitive damages." Punitive damages is used in common law countries, which is the implementation of a legal remedy system based on the infringer’s wrongful act caused damage to such a request under the laws of the fact and the actual loss of its commitment to higher damages mandatory obligations, in the sense , punitive damages system is a system of legal liability. Legal liability refers to a specific law for damages caused by the fact that damages, or to accept a special obligation being punishment, that is to say , it’s breach the first obligation and cause the being of the second primary obligation of . The product liability punitive damages is also controversial, because punitive damages in area of product using . We should recognize the real property law in the scope of its application, the adjustment of the properties of social relations starting from the traditional legal concepts, innovative thinking .In the first chapter we analyze starting from the definition, scope, the adjustment of properties of social relations starting , clear the system of punitive damages the legal property of the nature of economic law. The second chapter of the research provides the comparison, a major study of punitive damages in common law the scope of application conditions. And analyzes from the value orientation and functional analysis of its advocates insisting on the social standard, focusing on protecting the interests of society as a whole, the value orientation and economic wears adaptation. The third chapter points out that the product liability reference to punitive damages from entering of China’s "Consumer Law" and "Food Safety Law" and the new "Tort Liability Act" on the introduction of punitive damages,. Chapter IV studies problems and deficiencies of the punitive damages system , and gives perfection of legislation in theory.

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