Abstract:
The arrival of risk society has formed a new challenge to product liability, and punitive damages in civil liability has increasingly become other legal means to deal with social risks. The Consumer Protection Law, the Product Quality Law, the Food Safety Law and other laws all apply punitive damages to achieve their own risk regulation purposes, and form a liability form of "punitive damages + untrue joint and several liability" in the field of product liability. In the current legislation, the scope of punitive damages of different laws is different, and the joint and several liability of compensation is also obviously different, which has caused the judicial and theoretical disputes. The correlation of punishment lacks a clear system and theoretical basis for the internal recovery of the relevant subjects, which can only be discretionary by the judge to distribute the responsibilities between the operating subjects, and it is difficult to realize the fairness between multiple subjects. In the risk society, punitive damages has obvious risk regulation attribute, so the concept of risk distribution should be introduced to improve the punitive damages system. First of all, we should face up to the protection of public interests by private law responsibility, and establish a framework of connecting public law and private law. Secondly, the duty of risk care should be introduced into the identification of punitive damages, and the punitive damages for the severity of the consequences and the punitive damages for risk distribution should be distinguished. Finally, the internal recovery rules of non-true joint and several liability should be improved to respond to the distribution of civil liability in the process of public legalization of private law.