我国产品责任惩罚性赔偿法律制度研究

Research on the Legal System of Punitive Damages for Product Liability in China

本文针对我国惩罚性赔偿法律制度不配套不完善,法律规定竞合、冲突,赔偿额度偏低等问题,指出修订完善有关法律的必要性,对我国惩罚性赔偿法律制度的产品缺陷的认定、请求惩罚性赔偿范围、惩罚性赔偿标准、归责原则、责任主体的范围、举证责任等关键法律问题的内容进行了论述,提出了建议。

This paper points out the necessity of revising and perfecting the relevant laws in view of the imperfect legal system of punitive damages,co-competition and conflicts in legal provisions and low amount of compensation.It also discusses and puts forward suggestions on the key legal issues such as identification of product defects,scope of punitive damages,punitive damages standards,imputation principles,scope of the subject of responsibility as well as burden of proof.