On The Civil Liability Remedy Of The Infringed Third Party Due To Defective Services

In the process of building a harmonious socialist society, the improvement of the service industry has been raised up as an important and long-term strategic mission in our country. At present, unacceptability of service quality remains, which is incompatible with the rapid development of the rule of law status in a socialist society. In general, defective services cause damages to the recipient only. However, it happens from time to time that some third party connected with the recipient is infringed as well. The author researches on the issue and intends to provide the third party with a relatively comprehensive legal system.For the protection of the infringed third party due to defective performances, the damages of defective products can be compensated under the product liability system, while the damages of defective services can not be compensated under our country's present legislation and judicatory. This thesis tries to build up a service liability system similar to the product liability system, which chiefly draws lessons from the German system of protecting the third party by contract. Besides introduction and conclusion, the thesis is divided into four parts as follows:The first section deals with the present situation and legal consideration of service quality in our country. The author analyzes the definition of defective services. Then the author investigates several cases of the above issue and puts forward the solution in considering a service liability system.The second section focuses on the introduction of the German system of protecting the third party by contract, including its emergence background, its theory foundation, its protection scope, and its comparison with the American system of the third party beneficiaries of warranties express or implied.The third section studies on the legal system construction of the civil liability remedy of the infringed third party due to defective services. Referring to the current system on the issue, the author illustrates the necessity and feasibility of drawing lessons from the German system of protecting the third party by contract. Concerning the analysis above, the author proposes to establish a service liability system to provide an overall protection system to the infringed third party.