A Study Of Legal Problems On Warning Defect

Product defects liability related laws and realistic touch of life more and more closely ,in recent years, by the product defects cause serious social consequences of major events occurred frequently in the field in China, especially to reveal the importance of the law. In December 2009,The tort liability law was passed through, Product liability law is one of the important content of the law, Its not only emphasis existing provisions of the product quality standard, but also admitted the new law system. Among them, the Producers after-sale tracking obligations, and the rules of Product liability punitive compensation system, it is a milestone in the legislation of products liability in china, and it is a great progress of protecting consumer rights. Product warning defect is an important type of the product flaw, However ,the current research studies for product warning defects of our country's is less relatively, and targeted is not strong, most of the research is summarized American products are direct warning defect theory and system or direct reference to, and no advice on our products systematically puts forward the legal system warning defects legislation proposals. It has important significance of theoretical and practical to strengthen comprehensive research in product warning system defects.The warnings of the defects in the product, the United States through a lot of cases and regulations, formed a set of system theory. in long-term development evolution process, American product liability method formed the theory of three types of defects divided into design flaw, manufacturing defects and warning defects. Warning defects in American law is one of the main types of defects. there are different production defect from manufacturing defect that in what circumstances seller shall provide warning and how to determine whether there are defects, warning of its theoretical basis and system rules and design flaws, In the United States, under the product liability laws, warning signs include the product of warnings and use instructions. American product liability imputation development characteristics of multi-layered, "the tort restated ? second " established strict liability principle, "the torts restated ? third: product liability" made different provisions for different defects types, for manufacturing defects, apply strict liability, and for design flaws and warning defect tend to apply the principle of fault liability. In addition, the products of litigation also established the warning defects of the system, and punitive compensation for reform in practice to ensure the fairness and justice realizing law.This article through the case of sino-american products warning elicit legislation and contents of defects in the contrast between the two countries, case study, on the basis of Chinese and foreign literature material, quoting of sino-american products warning defect of the legislation survey, definition, imputation principle, damages, and many other problems for a comprehensive, systematic and in-depth theoretical and empirical analysis. Through two products to alert defect theory and legislation contrast, puts forward the corresponding Suggestions and countermeasures of legal system.This paper is combined with related cases, described four parts, points in sino-american products liability law basic theory of warning defects. The first part introduces typical cases and judgments which about the defects in the product warning occurred in China and the United States, and emphatically analyzes the example above the reflected in the field of product warning defects common issue, mainly including the definition, warning defect product the judgment standard, product warning defects, causality imputation principle of proof and burden of problems and product warning defects compensation system. In the second part,it is simply introduced the sino-american products warning defects basic theory, including warning meanings, functions, the judgment standard, products of warning defects imputation principle, causal proof and burden of problems and product warning defects compensation system. The third part mainly according to the main theory, combined with case analysis in depth analyzed and contrasted occurred in sino-american similar case is present different trial results in cases where the reason, interspersed with the contrast and analysis theory, combined with the judicial practice, and the legal system of reality reflectively, reflect our country in product quality standard fields and product liability legal system, and the deficiencies and defects in the above problems to solve problems based on provides ideas. The fourth part find out our product warning defects in the theory and practice on defects and deficiencies and, according to the current situation of our country and international trends, from the United States in the field of product liability laws advanced notion and advanced system, puts forward the legal systems of product warning defects suggestion. Finally, this paper summarized warning defect theory and practice, in hopes of our country's legislation and judicial practice enlightenment.