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Study on the System of Product Liability Punitive Damages

Author: LiangQiuFang
Tutor: LanRenXun
School: Huaqiao University
Course: Civil and Commercial Law
Keywords: product liability punitive damages compensatory damages
CLC: D923.8
Type: Master's thesis
Year: 2011
Downloads: 122
Quote: 1
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Abstract


In China, the system of product liability punitive damages is a new system that established by Tort Liability Law of the People’s Republic of China. However, compared to the extra-territorial law, especially the Anglo-American law, China’s current legislation on the system of product liability punitive damages still has many deficiencies. To improve the system of product liability punitive damages of China, and improve our Product Liability Law and Tort Law, and thus provide guidance for the judicial practice, the author would like to name the thesis as“Study on the System of Product Liability Punitive Damages”and make a systematic study on this system.Besides the introduction and conclusion, this thesis consists of four chapters.The first chapter, outlining the system of product liability punitive damages, explaining the basic theoretical issues of the system of product liability punitive damages, including its concept, characteristics, nature, functions and so on. So as to lay the foundation for the later research and discussion.The second chapter, with the purpose of providing references for the improvement of the system of product liability punitive damages in our country, the author make a comparative review of the system of product liability punitive damages of the extra-territorial law from Vertical and horizontal angles and Macro and micro levels.The third chapter, first of all, the explorations on the system of product liability punitive damages by China’s theorists and legislations, the official establishment and the specific embodiment of this system in Tort Liability Law of the People’s Republic of China are introduced and analyzed, so as to understand the explorations and development of this system in our country. Then, the legislative reasons of the system of product liability punitive damages in our country are analyzed from multi-dimensional perspectives. The analysis mentioned above provide the legitimacy for the establishment of the system of product liability punitive damages in China’s legislation, as well as its enlightenment for further comments and the improvement of the current system.The fourth chapter, first of all, on the base of the previous study, this chapter analyzes the positive significances and shortcomings of our country’s current legislation on the system of product liability punitive damages. And then give some targeted suggestions to the improvement of the system of product liability punitive damages of China, including the suggestions to the following aspects: the subjective element, the requirements of damage, how to determine the amount of punitive damages, the ownership and distribution of punitive damages, the definition of legal terminology and so on.

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