Certain Legal Analysis About Product Liability

In recent years, with the scientific and technological progress and the rapid development of products of the market economy, people have more abundant products, which has met the growing needs of consumers'life, but disputes about the quality of the products has become more and more. Shocked the nation, such as Sanlu infant milk r incident, Carcinogenic tea oil event, etc., in the development of human civilization today, the product cases are still frequent which have caused people's reflection.When the market have developed to a certain stage, the capacity of self-regulation of the market is very limited, at the same time, the level of macro-control has been put forward higher requirements. State regulation of the economy should not stop at the policy level, only the rule of law is predictable and stable. It is embodied in the product liability law field mainly as follows:product liability law requires the times, we should keep the legislation maintaining the coordination of social relations, Contract laws and regulations with the principle of fault liability as the responsibility principle has been unable to adjust the complex relationship between the businesses and the consumers, and the third. Therefore, the product liability law requires further systematic and workable, which can timely and effectively protect the legitimate rights and interests of victims.Product liability law is the law to protect the legitimate interests of the buyers of products, users and the third in general. When the buyers of products, users and other related parties suffered personal injury or property damage because of products, the value of the product liability law is to determine the liability of the producers, the sellers, the Warehouse person and the transporters. The victims get compensation in time, the damage has already been a reasonable remedy.In this paper, I have reviewed the "Sanlu infant milk incident" in the introduction. The other four chapters were included. "Sanlu infant milk powder incident" as an example has been analyzed in this paper. I analyzed the development of product liability legal system in China, the composition and commitment of the product liability, and then made legislative proposals to perfect legal system of the existing product liability legislation. This discussion focused on "Sanlu infant milk incident", and solved the questions about the product liability and damage issues.Chapter 1, this part is an overview of product liability. This chapter first illustrates the meaning of product liability, "product liability" is a special tort liability which caused by defective products. The product manufacturers, sellers and other responsible people should be in charge for it. Secondly, I introduced the characteristics of products liability and the legislative level of product liability.Chapter 2, this chapter, summary analysis and explanation about the composition of product liability have been made, which respectively includes product liability principles and elements of liability.Product Liability principle is to hold the premise and basis of product liability. Only to correctly grasp the Principles of responsibility, can we apply the law correctly. The composition of product liability is the basic conditions for tort liability, including defective products, damage to the facts and the causality.Chapter 3, around the "Sanlu infant milk incident," and with our current legislation, I introduced the main responsibility for product liability and accountability of way.Chapter 4, this part gave a proposal about our product liability legislation. The laws have been trusted only because it is stable, but because of the rapid development of social relations, laws and regulations enacted by the people is lag. In order to make which the laws certain forward-looking, legislators have been required in time to adjust the regulations, so to regulate the changing social relations. China's current product liability legal system, its theoretical foundation and institutional framework has been lagging behind, especially in areas about the food safety, it can not adapt to the growing awareness of rights and social development needs, therefore, it should be improved by legislators.The last part is the conclusion of this papers, I have a summary of the full text. I raised the importance of the socialist market economy transition period, products liability law should reflect the economic development of the scientific characteristics, through the improvement of its systems and structures to promote economic development, protect the legitimate rights and interests.