Research On The Principle Of Product Liability

Product liability is a special type of liability when the producers or distributors produced or sold their defects products to others persons and cause them personal or property damage. Principle of product liability which is the core and foundation of the product liability legal system refers to the rule how should the producers or distributors bear civil liability when defective products cause harm. With the continuous development of market economy, more and more extensive product range. On the one hand, the new products meet the material need of people. On the other hand, the harm that the defective product caused become more and more serious and how to determine the attribution of responsibility has a a very great significance to protect the right of the consumers.Throughout the development and evolution process of the principle of product liability in two legal schools, it is not difficult to find that in the major developed countries, the principle of product liability changed from negligence principle to the strict liability.In western countries, the strict principle and the no-fault liability, which are the necessary requirement of the economic globalization are emphasized in the functional compensation for loss of the consumers. This change is significant to our county's principle of product liability. Our ountry should construct our own principle of product liability on the basis of relizing our county's conditions, reviewing our existing product liability system, referencing the interactive process of law and economic development as well as the supporting legal system in the two legal schools.Because of many regulations concerning the principle of product liability and the relatively weakly theory research, some conceptions are refused which take a lot of inconvenient to the judicial practice. So in the legislation processing in the future, it is better to make related concepts clear and the system of principle of product liability independent.Because the mass product tort not only damage personal interest but also the public interest, the principle of product liability is important to how to compensate the consumers'loss and punish the behaviors. However, in our counry, there is no clear legislations about the mass product tort.In the event of such cases, the operation will be very complicated. In the view of its specificity, we should make special provisions to protect consumers'legal rights.This paper pointed out the shortcomings of the principle of product liability in our country and perfect a numble of recommendations to build and improve it on the foundation of describing the general theory of the product liability principle, analysing its evolution process in foreign countries and its status in our country.Addition to the introduction and conclusion,this paper which is about three thousand words is divided into four parts.The first part overviews basic issues on the principle of product liability by introducing its concept and the main types.The second part researches the evolution process of the principle of product liability in the two legal schools and analyses their impact on the establishing ofthe principle of product liability in our country.The third part discusses the legislation condition about the principle of product liability in our country and points out its shortcomings in order to provide realistic and reliable basis.The fourth part makes some suggestions on the perfection of the principle of product liability in our country in the purpose of its better applies in the judicial practice.The conclusion summarizes the author's main points and puts forward some valued academic view.