Studying On Perfecting Legal System Of Product Liability

Product liability appears in legal form can be traced back to the initial stage of nineteen century,its theory development experienced from express warranty and implied warranty based on contractual relationship between the parties,to negligence liability,then to no-fault liability or strict liability.In the International Society, in order to restrict market-mechanism, protect consumers better, and balance the rights of the producer and the consumer, many countries and districts in the world such as America and Western Europe have established comparatively consummate product liability law. With the comparative method,this dissertation does some research on the product liability system of China in the aspects of product range, product defectiveness, the principle of fixation,the defense cause and compensation for the damage. Then the dissertation gives some suggestions for product quality law and expect through this paper contribute to Polish legal system of product responsibility in China.The first part of the test expatiates the definition and range of product in developed countries and in China,by comparison we came to the conclusion that the definition and range of product in our country have some problems and shortcomings,including the definition of product is unscientific, verbiage is not criterion,the range of product is too narrow and so on.the controversy on on the range of product mainly concentrated in property,primary agricultural products sand blood products.Through comparing the definition,classification and standards of the product defect between some major developed countries and our country, The second part of the test came to the conclusion that some laws relating to the product defect in our country have a few shortcomings,first of all,the definition of the product defect is inconsistent,even have some contradictions and conflicts,lack of operability;secondly, the legislation of product liability in our country have not defined the classification of the product defect; last,on the standards of the product defect our country use double standard,this can not help but produced some contradictions in identification of product defects,thus it is not conductive to protect the interests of consumers.The third part of the test expatiates the imputation principle of product liability.First of all,this part expatiates the general principles and the historical evolution,by analyzing the development process of product liability which from contractual liability to negligence liability then to strict liability, we came to the conclusion that strict liability is inevitable choice of the the imputation principle.Secondly,by elaborate the imputation principle of product liability in some major developed countries,the test indicate that we should restrict strict liability,thereby avoid absoluting strict liabilitbility.Last,this part indicate that the legislation of product in our country have not defined the strict liability,it is not conducive to the product liability in our country with international standards.The fourth part of the test expatiates the defense cause under strict liability,by comparing the distinctive of the defense cause between some major developed countries and our country,this part came to the conclusion that the defense cause in our country is too fragmented,there has no unified regulations of the defense cause between producers and sellers,in addition,the defense cause in our country is not Not comprehensive and systematic,it need further improvement.The fifth part of the test expatiates compensation for the damage,by comparing the distinctive of compensation for the damage between some major developed countries and our country,this part indicate that the compensation for the damage in our country has some problems and shortcomings,including the legislation of product in our country have not defined the mental damages compensation and punitive damage compensation. The sixth part of the test makes some pertinent suggestions on the basis of the problems and shortcomings of the product liability system of China in the aspects of product range, product defectiveness, the principle of fixation,the defense cause and compensation for the damage,thereby,this part further pointed out that our country should establish legal system product liability with Chinese characteristics based on learning from the foreign.