A Comparative Law Study Ontort Of Defective Products

Product concept in defective product tort liability, should include not only after processing, manufacturing, sales for the purpose of real estate, without processing of primary agricultural products, real estate and other should also be included. And Includes not only material products, mental products,but also tangible products, intangible products. Product defect is concerned about product safety, and defective products pay attention to the applicability of product. For the consumer, the suitability of product quality affects the quality of life, and the safety of product quality is related to the survival, security is more than that on applicability. The type of product defect in addition to the traditional defects of manufacturing, design and warning defects, the defects of tracking observation also included. Accordingly,making for urging producers and sellers according to the latest scientific and technological achievements, keep track of their own products on the market circulation, in order to maximize the protection of the safety of products, especially for the development of risk. On the doctrine of liability fixation of defective products torts, should be based on the theory of risk liability to explain China’s product liability, the producers and sellers shall apply the principle of strict liability. At the same time, we should expand the interpretation of the meaning of the producers and sellers. The producers not only includes any other signs his name, name, trademark or for identifying embodied in products, said its products for the maker of people, but also the importers to sale, lease, transfer business for the purpose. Includes not only the product of the producers,but the spare parts, raw materials producers also included. The seller in addition to the traditional business for the purpose, through the sale of that simple ownership of sales of products, including the seller of leasing, finance leasing, barter trade and retention of ownership. Both products wholesalers, retailers, and the person that through other ways to sell products to consumers. The function of the modern tort law is not limited to fill the real damage, and more in the prevention and punishment of illegal behavior. The system of punitive damages breaks the general principle of traditional civil damage compensation system, possesses the function that the traditional civil damage compensation system has not. There is no logical disorder that the introducing of punitive damages into the area of tort law, especially the field of product liability. On the contrary,the introducing of the punitive compensation system can play in the maximum extent the intrinsic value of justice and efficiency in tort law.