The Research On The Legal Issues Of International Product Tort Liability

Along with the process of global economic integration accelerate and product flow through territory, the cases of international product tort liability has increased and aroused worldwide attention. Comparing with the western, China's legislation and academic research in this area of international product tort liability, still remains a considerate gap and falls far behind. Therefore, in order to meet the demand for such more and more judicial practice, we should strengthen the research on the international product tort liability with referring to overseas successful experience. On the base of investigating and analyzing to correlative legal precedents, legislations and theory research in common law system and civil law system, this paper points out the deficiencies and lack in China's current product tort liability legislation, and then puts forward some constructive improving proposals. This paper consists of introduction, main body and conclusion, the main body is divided into five parts. Chapter one firstly introduces the concept of international product tort liability, and related theoretical issues including product, international product and product defects. Then it states the general legislative situation in some representative countries and international convention on international product tort liability. Chapter two is on principle of international product tort liability. In this chapter, it introduces the historical development of criterion of product tort liability, namely, contractual liability, negligence liability and strict liability, concludes our country's criterion of product tort liability, and reviews above criterions. Chapter three states the compensation scope of damages on international product tort liability. It focuses on human body indemnity, product damage and pure economic self-interest loss, punitive damages and moral damage, except introducing and analyzing the main foreign country's provisions about scope of damages. Chapter four discusses the application of law in international product tort liability, recommending development tendency of application of law, as well as introducing some country's principle of application of law on international product tort liability. Finally, on the basic of analyzing China's legal system on international product tort liability, the paper provides three constructive resolutions which are intended to beneficial to our country's system construction.