Research On Product Liability Issues

With the development of industrialization and economy, the consumers have been increasingly in a disadvantageous position, comparing with the producers and sellers. Product liability has then become an important legal issue. Western developed countries have established product liability law to enhance the protection of consumers and balance the benefits of the two parties. In China, the law of product liability has turned into the urgent demand of the social economy development, along with the growing of the economy and the progress of the modernizations. However, through the research, it is apparent that there are still many shortcomings in the product liability law system. Genuine efforts on perfecting this system should be taken to meet the demands for quality and safety, and even the exuberant development of the economy.Judging from the above experience, this article herein, by means of the comparing and analysis of the domestic and foreign legislations, attempt to the arrange, study and analyze the relative concepts such as the product, defect, the problems that arise in the law application, the doctrine of product liability fixation, thus, gives suggestions on the perfection of the law of our country.This article is divided into four parts. Part one starts from introducing the history of the title of "product liability", shifting from the producer liability to the title used nowadays. Then based thereupon points out the differences between the product liability, the product quality liability and the product flaw warranty liability through comparison. Discussion on the legal features of the product liability is made to define it as the civil liability of special infringement occurred in the product circulation process, and to tell it different from the contract liability and the common infringement liability. Part two is to make exploration of the important concepts concerned in the product liability law system. Firstly, the author differentiates and analyzes the three concepts relate, that is, the defect, the disqualification of the product and the flaw of the product. Secondly, the author analyzes the concept of "the product", by defining the scope of the product and listing the conflicts in this area. China's legislation on the definition of product is discussed, especially on the specific kinds of product. Then the author discourses upon the criteria of judging the product in the product liability law. Finally, the author points out the person in the product liability, separately discussing the person liable and oblige.Part three is the most important part of this article. The author begins with the general analysis of the system of the doctrine of tliability fixation. With the introduction of the history of the doctrine, the author moves to the analysis of the doctrine of product liability fixation, and point out the theoretic reason of the strict product liability with the prospect of product strict liability. In this part the author puts an emphasis on the analysis of various opinions on the doctrine of product liability fixation in China, and brings out the opinion that China should take the strict liability doctrine. Part three ends with the reality proof of this opinion. Part four advances the author's suggestions on perfecting China's product liability system. The author points out that we have to formulate or modify regulations related in accordance with the developing trend of the product liability in the world. The author hopes that a little contribution can be made to the construction of a specific product liability law.