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Perfecting the System of the Compensation of Product Liability Damages

Author: GongKeLan
Tutor: MaHui
School: Wuhan University of Technology
Course: Civil and Commercial Law
Keywords: product liability Damages defect perfect
CLC: D923.8
Type: Master's thesis
Year: 2009
Downloads: 245
Quote: 0
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Abstract


With the continuous development of modern industrial capitalism, the emergence of species-rich, functional range of products for people’s lives to provide convenience and comfort. At the same time, due to the unpredictability of technological development and product production and circulation in the gaps, there has been a large number of defective products causing personal and property damage cases. Since 1842 the United Kingdom, "Wen Thebaud Tang v. Wright case" since the first time in product liability, product liability damages, has attracted increasing national attention, countries have relatively weak protection of consumers from the perspective, to develop the corresponding product liability damages law. After China’s reform and opening up the market’s rapid economic development during the inevitable occurrence of a wide variety of product liability accidents, involving an endless stream of cases of damages, but because of our legal system is not complete, the current system has been damage difficult to meet people’s immediate needs.This paper illustrates the concept of product liability damages, analyzes the damages, our product liability system status and defects, while reference to foreign countries in the advanced legislative and judicial experience, and explore how to improve China’s product liability damages system and the establishment of China’s product liability punitive damages compensation system. Hope that by improving our system of product liability for damages to the interests of consumers can be protected further strengthen our corporate quality management and a sense of crisis to prevent product liability due to damage caused the accident.In addition to this introduction and concluding remarks, included four major sections. The first section provides an overview of product liability in the general theory of damages, including product liability damages, conceptual analysis, product liability damage to the relationship between the subject and the product liability law damages coverage; the second part of the actual situation of our country, analyzed the damage to our country’s product liability compensation status and the existence of various defects, including: product liability unreasonable amount of compensation for personal injury, product liability damages system function is not a comprehensive legislative system for product liability damages for product liability damages, uncoordinated, and inadequate to build the system; Article the three parts of the advanced countries of the world by introducing the legislative experience and put forward how to improve our system of product liability damages, including improving China’s legislative system, improve the scope of product liability personal injury compensation, amount and improve the product liability compensation for moral damage; fourth part of the main to explore how to build China’s product liability punitive compensation system, analysis of punitive damages have established our system of values, function, necessity, drawing on national legal practice, based on the establishment of China’s product liability punitive damages in some suggestions.

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