Legal Research On Product Liability

People have more abundant products and variety of choices with the development of science and technology, at the same time,product liability becomes more and more important because of products defects .Product liability law formed and developed accompanying with this course .Product liability law confirms producers' and sellers' duty while they should compensate because their products gave rise to buyers, users or other people injury or property loss. At the beginning of the merchant economic, the theory base of solution of product liability was contract theory. With rapid development of science and technology,the varieties of products were more and more and so the complexity of products. And accidents happened often because of product defects. Under this circumstance, the benefit of the victim couldn't be protected through contract theory, so product liability became a branch of tort law, it's doctrine of liability fixation changed from liability for fault to strict liability and liability without fault. At the same time, the development and perfection also arose in compensation for damages. In this article legislative proposals are raised to perfect the system of product liability law through study of the history of development of product liability,the legislation of product liability in China and the development of product liability law in other countries . The discussion in this article is focusing on the doctrine of liability fixation and compensation for damages .Except for "raising the question" this article is divided into four chapters. Chapter 1 Outline of product liability. At first, the concept is raised, product liability is a special tort obligation for the producers' and sellers' while their products have defects and give rise to buyers' ,users' or other people's injury or property loss. In this chapter the difference between product liability and product quality liability,and between product liability and liability for breach of contract have been compared. As usual, product quality liability covers product liability. Liability for breach of contract refers to the responsibility of the loss of the product itself. In this chapter, summary analysis and explanation about evolution of product liability have been made. The process goes through from contract liability to tort liability,to strict liability (or no-fault liability),to redevelopment of strict liability. Contract liability contains express warranty liability and implied warranty liability. During the course of the development of strict liability, the theory of market share liability and punitive compensate appeared. Product liability belongs to tort liability,so the general elements originate from some basic principles of the tort theory. As common,the general elements of product liability contain product defect ,injury or property loss and causal relation between them. Chapter 2 The evolution and legislative situation of product liability in China. At first,the sources of product liability law has been discussed and the evolution of product liability in China has been reviewed. The development of product liability law has gone through from the beginning of the reform when the victim's benefits were not paid attention to to the progress of General Principles of the Civil Law and the legislation and amendment of Product Quality Law. The evolution reflects the progress in protecting civil rights. Detailed analysis andexplanation based on rules of product liability legislation in China has been made .All focused on the doctrine of liability fixation and compensate damages. Product liability legislation is dispersive, and doctrine of liability fixation is plural. Different branch of law in different period prescribed different doctrine of liability fixation. All covers from liability for fault to strict liability .We should take note of that there are no special clauses for the reasons for counterarguments in our product liability legislation. In the compensation damages , the provision is clear ,but to the mental compensation a...