Research On Product Defect In Products Liability

According to MODERN CHINESE DICTIONARY, defectiveness means Deficiency or Imperfection. However, different subject has its own different definition mode in applying this word. Under area of products liability, defectiveness means Unreasonable Danger, and because of the intimate relationship between ascertain of strict products liability and product defect, that is, if there exists no defect in product, there will be no strict liability on defendant, on the contrary, if there exists one and therefore in fact cause injury from it, there should be strict liability on defendant. From this we can see, defectiveness issue is basis for any right request, and it is premise for ascertain product liability, so if we want to research on strict products liability deeply, we must begin from research on defectiveness. But in china, there lack of research on this deeply and systematically either in theory or in practice. This discourse attempts to research on product defect in products liability by adopting method of comparative analysis and case analysis, and hope that it will be helpful to academic research and judicial practice of products liability in china.The whole discourse is divided into four parts. The first one defines the meaning of strict products liability, and through narration on the special relationship between strict products liability and defectiveness, it derivates a focus on the term of defectiveness. The second one thus defines the term of defectiveness, and by comparing the term of defectiveness with other similar words it deepens comprehension of him, there is also a brief recommend of types of defect and their relationship. The third is a difficult one in this discourse, it chiefly research on each concrete type of defect and their determination deeply and meticulously concerning with somepractical things and ambiguities in our everyday life. The fourth is a focal point in the discourse, that is, while we research either on foreign laws and statues or on foreign cases and doctrines, we must serve it to our need of perfecting Chinese legal construction and legal theory, so concrete legislative suggestions are raised in this part through focusing on the disadvantages in current legislation of product defect, that is, the conflict of two parallel determining standards and the shortcoming of carelessness and scatter of articles of law.