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Research On Some Issue Of Product Liability

Posted on:2006-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhouFull Text:PDF
GTID:2156360152988744Subject:Economic Law
Abstract/Summary:PDF Full Text Request
As the economy of our country developed rapidly, our legal system is perfecting day by day. Thanks to the perfecting legal system, the law on protecting the customer's interests is improving gradually. But the problem of product liability stands out increasingly as the socialization of production expends and the social division extends. The cases that person and property infected emerge in endlessly because of the product defects caused by deficiency and oversight during the process of product manufacture and circulationThis article compares the product liability law theories between the countries which carry out the modern Anglo - American law system and the main representative countries which carry out the continental law system by the methods of comparative jurisprudence. The article analyses the rules about product ,default , damage and compensation on the product liability legislation in our nation at present. Moreover, the article suggests that our nation should make special product liability law.Except for perfect and conclusion, the article includes three parts as follows: The first part: the history development of product liability theory. This part mainly introduces the produce and development courses on product liability law. From the study of the evolvement of basic product liability theory, we can find out the regulation of product liability law development. According to this regulation, we can conform the constitutive requirements of the product liability law scientifically, we also can find out the reasonable evidence for establishing and improving product responsibility legislation.The second part :discussion of several theory problems in our nation's product liability law In the second part, several basic problems in our nation's product liability law should be studied. Firstly, the limit of our product definition at present .According to the rules from the second clause , the second item of product quality law , the product must make or process and be used for sell. The product here excludes the natural farm produce ,minerals ,estate ,and used product that has not sold. Obviously, the rule can not satisfy the market demand in our country. Secondly, our nation uses the combination of unreasonable danger standard and produce standard when we confirm the product defect. This standard absorbs the advanced experience, avoid legal omission that caused by setting out the defect species ,but whether this standard goes against the protection ofcustom interests has to discuss. Finally, in the damage compensation, we stress the exemplary damage. Through the study of improving exemplary damage system and its function in Europe and America, we can find out the limitation on exemplary damage in our country and reach the conclusion that the necessary of building the exemplary damage in our product liability law.The last part: several problems about consideration and suggestion of improving our country's product liability system. In this part ,in order to improve and advance our nation's product liability legislation ,we explain the problems that put forward in the second part ,put suggestions on the conformation and the content of product liability system.
Keywords/Search Tags:Product liability law, Contractual relation, Neglect liability, Strict liability
PDF Full Text Request
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