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Dołączył: 21 Lut 2011
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 Wysłany: Pią 13:33, 01 Kwi 2011 Temat postu: Thomas Sabo online shop njs srs fjbj qcp |
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On the foreign product liability law system of the
Mental attitude of damages for a female college student from Shanghai Watson sued the case is evident. The spirit of a trial for damages to the plaintiff 25 million,[link widoczny dla zalogowanych], the second trial was commuted to 1 million. In addition,[link widoczny dla zalogowanych], the intangible nature of a mental injury,[link widoczny dla zalogowanych], is priceless,[link widoczny dla zalogowanych], it is difficult to determine the amount of compensation that can make up for the victim's mental anguish. 3. China's current <Product Quality Law, Including administrative fines for the state treasury, not to compensate for the loss of the victim, coupled with the existing law of compensation for victims is too low, consumers are charged time and effort, but lost money Yingleguansi Moreover, administrative penalty of the power law is too small, too low fines on foreign corporations is just fine for the drop in the ocean, do not raise their effective prevention power. 4. China's Damage to the defective product itself, also known as pure economic loss. If the result of defective product causes bodily injury or property damage of product liability cases, if the value of the defective product itself is small, even if no damages, the victim's loss is not great. However, if the defective product is a color TV, cars, planes, the value of a class of large or great products, if this not the victim damages, how to make up for the loss it? In addition the product liability amount of damages is impossible in the short term greatly improved. China is now the social economy is still far behind the developed countries, China's courts in considering the amount of compensation, the important determinant is the offender's financial ability and responsibility by the Court of Appeal where the average standard of living. Given the above analysis, I believe that improving the substantive law of foreign product liability is an important way to establish punitive damages. 10 (b) the establishment of punitive damages system, improve our foreign substantive law of product liability punitive damages, the main method used in the United States. Refers to the amount of compensation made by the court exceeds the amount of actual damage. It is relative to compensatory damages, the tortfeasor deterrent given large high alert, people ignore the law for the wrongful acts, willful acts of infringement of legal rights of others have great punishment and inhibition. Modern American society visit the main information, there are three aspects of punitive damages the social function. 1. Deterrent power grate. Most U.S. courts for punitive damages that the purpose of deterring wrongful conduct, punitive damages will add a wrongdoing people the financial burden to pay a certain price for their actions, prompting actors to take more security measures to prevent damage from occurring, or to reduce the risk of accident to the lowest level. Through punitive damages but also to encourage victims to obtain compensation for the suit to expose wrongdoing, which the producer or seller on the other hand played a deterrent. 2. Compensation. Compensation for punitive damages is an implicit compensation, compensatory damages designed to compensate for a variety of which can not be in accordance with the normal compensation for damage and costs, such as psychological distress, reputation against other spiritual damage. 3. Penalty function. Common law to punitive damages as punishment the principal theoretical basis. Punitive damages for those with major and moral wrongfulness of the conduct of the reprehensible nature of application, which were imposed by a wrongful act of a heavier financial burden to punish wrongdoing, to deep-seated chrome hearts, to the effect of punishment . Even for large companies that strength, making it not time to relax vigilance, but also effective prevention, punitive damages have many negative places, such as the use of punitive damages would be excessive for many companies the financial burden imposed or even bankruptcy; company to raise prices to pass on to consumers compensation and so on. Therefore, the application of punitive damages must be strictly applicable conditions: 1. Punitive damages can only apply to consumer product defect caused by the actual physical damage. Punitive damages are borne by the defendant under the premise of compensatory liability and additional commitments by certain damages. And precisely because of the impaired person only has to punitive, from the U.S. jurisprudence. Are also based on personal injury victims to request punitive damages. 2. To avoid product manufacturers, sellers of punitive damages because of the high and massive bankruptcies, and to avoid excessive amount of punitive damages punitive damages resulting in the establishment of violation of the original intention, making the consumers, a serious imbalance in the interests of producers, the law should clearly provides the maximum amount of punitive damages, or the maximum compensation ratio. Punitive damages made to maximize utility, and both consumers and producers, sellers interests. Port Editor: Wu Guijing
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