产品缺陷精神损害赔偿制度初探

精神损害赔偿制度的确立是市场经济建立和发展的必然要求,具有补偿和惩罚功能。我国产品质量法中缺乏精神损害赔偿制度,这对于消费者权益的维护和保障是十分不周到的。在立法上应对我国产品缺陷精神损害赔偿的范围和数额的确定作出明确规定:只要受害人因侵权行为客观上造成了精神损害赔偿,就应予以赔偿;在确定我国的精神损害赔偿数额时主要参考限幅数额原则;制定加重和减轻赔偿的情形。

About Setting up the Regulation of Moral Damage Compensation for Product Defect in China

The product quality law of China does not include the regulation of moral damage compensation, so the rights and interests of consumers are not properly guaranteed. To meet the requirements of developing market economy, we should set up the regulation of moral damage compensation, by which establish a sum of clear rules about the scope and the amount of the moral damage compensation: the injured must get the compensation if they had injured by the objective tort; and we can reference the doctrine which has a limit of the range of compensative number; also we should establish the rules about the aggravate and lighten liability.