Study On Product Safety Concept And Accident Liability Prevention

Industry accidents take place continually and the situation of product safety is still grimness in our country until now. Industry safety and product safety not only influence production process and our life, but also cause casualties, property losses and environmental pollution, affect the social harmony and stability. Study on the product liability concept and think about the problems of accident liability prevention are very important for understanding the reasons of the accidents occurrence and solving the problems.The accident liability moved from after the event liability to beforehand liability based on the study of accident liability theories. The product liability has moved from users to manufactures, designers and government. While the industry accident liability moved from employees to employers and government. Accident liability prevention should be considered from the enterprise and government aspects.Comparing method was used in the study of product liability through analyze the doctrine of liability fixation, the standard and identification of product defects, compensation liability between China and foreign countries. There were still many problems in the product liability acts which were not useful to protect the users and to achieve product safety though strict liability has been accepted in our country. The product liability acts should establish different doctrines of liability fixation with different kinds of defects. The standards of product defects identification should change from mainly based on national and industry standards to rely on risk-benefit analysis. The defense of product defects should include national standards. The amount and the range of compensation of accident induced by defect products should increase to overawe the producer to abide the acts.The concept of general product was developed based on the concept of product in acts. The processes, facilities and equipments which were not included in the product liability acts could be seen as general product. The realization of industry safety must first depend on the safety of general products based on product safety concept, which was inherent safety Tort liability concurrence with industrial injury insurance should be the compensation mode to strengthen the restriction of infringement of the third party. The product safety concept has not been set up and the research, publicity and education should be the urgent task at present in our country.According to the system safety principle that safety work should throughout the entire product life cycle especially in the early stages of development, the framework of product liability prevention was constructed and product liability prevention method was developed. It was important to establish risk evaluation and certification system of design stage to prevent product liability of entertainments.Designers should assume more responsibility for safety with the development of technology and the requirement of product safety and inherent safety. The safety responsibility of designers involved two problems which include technology and ethic based on product liability prevention concept. It was important to enhance education of safety ethic and safety technology, and constraint of laws to realize the responsibility of product designers.It was the government’s responsibility to regulate safety because of the inadequate of entertainments’self-discipline. Accident prevention systems and methods were studied that government should regulate safety standards, market admittance, supervise and withdraw to response risk. The third part certification system and product recall system should be established and improved by our government. Product standard system and performance based, risk informed standards which reflect the development of technology should be established. Risk assessment of product should be required by acts to improve entertainments to carry out its responsibility. Inherent safety assessment should be conducted to improve industry safety.Product safety concept has been existed for a long time in foreign countries. Inherent safety has been the main safety concept in developed countries. In China, product safety concept still need be publicity and promotion though the product safety issues have been aroused wide concern. It is important to enhance responsibility consciousness of accident prevention to improve the level of product safety and inherent safety of entertainments.