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我国产品质量的问题层出不穷,从食品方面的地沟油,三聚氰胺,到日常使用的各类不合格的生活用品、家用电器。人们生活在充斥着假货,缺陷产品的市场之中。从90年代到现在我国相继出台《产品质量法》、《食品安全法》等,可是类似的问题却屡禁不止,还日益严重。惩罚性赔偿作为能够规制产品市场的一项制度在我国产品责任中迟迟没有确立。本文围绕着在我国的产品责任中引入惩罚性赔偿的重要性,从我国产品责任适用惩罚性赔偿的条件设置及完善两个个方面进行论述。
China’s product quality problems after another, from the food waste oil, melamine, daily use to various types of unqualified household items, household appliances. People live in markets full of fakes and defective products. Since the 1990s, China has introduced “Product Quality Law” and “Food Safety Law” one after another. However, similar problems have been repeatedly banned and increasingly serious. Punitive damages as a system that can regulate the product market has not yet been established in our product liability. This article focuses on the importance of introducing punitive damages in the product liability of our country, and discusses the two aspects of the setting and improvement of the punitive damages for the product liability in our country.