The Research On Principle Of The Liability Of Product Quality

Issue of product quality is that an important part of economic development strategy. Product quality standard is showing the level of a country's economy/science/technology/education and management standard. It's one of the biggest influences to national economy and international trade development. Our country markets and economic are developing continently. Issues of product quality standardization are increasing. The most important is product quality disputes are also increasing. Distinction product liability disputes between producers and sellers which is become particularly important. So the liability for product quality should combine the law existed and the speed of the economic developing. Establishing the principle of the product quality liability is on the real basic.Chaper one was focus on the survey of the product quality liability. << Product Quality Law>> regulates the producer and the seller as the main body of product quality. As defining the obligation of the producer and the seller, we can define the liablities them have had if they disobeyed the law. The third pasage of << Product Quality Law>> regulates the obligation and the liability that the main body have, but we focus on the obligations here. There are three conditons to determinant the generalized product quality liability They are tacit assurance, clear assurance and the unqualified product. This can distinguish the standards of product liability basically. Chanper two disscussed the different theories of the liability of product quality existed now. Any single theory has their own shorts, and this departured the principle of lawmaking and the economic developing should get a conformance. << Product Quality Law>> regulates the different liabilities of the producers and the sellers. That is giving priority to strict liability, and the fault liability assisted. Moreover, as the information technology developed, we should absorb other liablities such as market quotient liability and the benefit reling of info-product.Chaper three summarized the product liability developmen of the anglo-american law and continentalism law. We can get the mainly differencies bettwen the liability of product quality in our country an the product liability abroad. The product quality of the producer and seller in our country presents the duality character. We should consider the fact point to set up the strict liability as the product liability firstly. Secondly, because of the abroad range of the liability of product quality, we should take the assuranc liability as well as the strict liablity through the American principle.Chapter four is the last part in the report and it's the most important part of this report. The writer gave more explanations about responsibility principle to extant legal regime in the insufficiency to carry on the further elaboration. Combine construction obligation of warranty and the strict responsibility unified product liability system. About liability's construction of product author gave own opinion that must be clear about the strict responsibility principle in the product liability concerned requirements. And distributor should have strict responsibility. That's helps combine our country product liability principle. Complete perfectly our country obligation of warranty system. First should complete the guarantee condition of stipulation. Advantageous to the standard producer and distributor's operative activity. In addition, but should also strengthen the guarantee condition to carry out dynamics. Unifies our country standard reduction, the product quality surveillance to try out legal rule enhancement Law-enforcing departments' and so on means law enforcement dynamics, thus causes the guarantee condition to implement smoothly.This article embarked from our country product liability's connotation, showed the product liability materially was the narrow product liability. Supports the strict responsibility regarding the producer and distributor's product liability this article to take the responsibility principle. Product liability's another partial contents including the producer and the distributor the responsibility which should undertake regarding the product quality itself, must be suitable the obligation of warranty. Therefore in summary, our country's product liability must construct the liability system which the obligation of warranty and the strict responsibility unify. Our country new "Product quality Law" has carried on the stipulation and the consummation to a certain extent to the old law, but along with the economical fast development, we must make the legislation to comply with the economic development the speed, this has manifested the characteristic which the law keeps pace with the times, can also for the new legal matter which emerges one after another incessantly provide the prompt legal basis.