Comments On The Development Of Uniform Substantial Law Of Product Liability And Related Legal Issues

The development of modern product liability law is commenced in the U.S. that is regarded as the birthplace of the product liability phenomenon. It is the U.S. that makes the product liability law an important legal branch with special civil liability rules. Under the influence of the U.S., many countries attached more importance to their product liability laws and established new rules. This is the first leap in the process of the development of product liability law. As the international consumer protection movement carried on, the harmonization of international private law turns to be a trend. We can reasonably regard it as the second leap that product liability will be regulated not only by the domestic law but also by the international law. Although a uniform substantial law in product liability is not available in the world now, we have enough reason to expect the naissance of such a law. It is greatly helpful to comprehend much domestic legislation and the legislation by regional organization. By reviewing the past and looking into the future of international product liability law, it will benefit our understanding of the development of international legislation in the field of product liability. Chapter I of this thesis introduces the product liability laws of many countries and the problems in the disputes of international product liability, which illustrates the difficulty and defect of regulating the international product liability only by different domestic laws. Chapter II describes the history and present of international legislation in product liability, which illustrates that international legislation has been thought as an important work by many countries and international organizations and will be carried on as well.Chapter III discusses the necessity and the feasibility of international legislation in product liability.Chapter IV introduces the legal provisions that should be included in the uniform substantial law of product liability and discusses the relation between the uniform substantial law and domestic law.Chapter V discusses several legal issues that are the nodus in the legislation of uniform substantial law, and provides the suggestions and analyzes possible resolutions by introducing and comparing many countries' domestic laws.Making a uniform substantial law in product liability is really an important and tough work, which is subjected to many conditions and factors, whatever domestic or international. However, the significance of this thesis is to make better understanding of the development of the uniform substantial law of product liability. Furthermore, it also contributes to the improvement of our country's product liability law.