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The Study Of Law Question On The Principle Of International Product Liability Fixation

Posted on:2004-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:X M WuFull Text:PDF
GTID:2166360155464827Subject:International Law
Abstract/Summary:PDF Full Text Request
Product liability is offspring of the development of sciential technology and industry in the near several decade years. Product liability has been a department that was appreciated by most countries of the world. It has developed from contract area to tort area. At the same time, the principle of product liability fixation also underwent the process from contract liability to fault liability and finally to strict liability. Every principle of fixation is appropriate to the situation of the society's economy. Contract and fault liability have significant effects in the Pre-capitalism. At that time, the development of productivity was the prime assignment. But few people were concerned with the protection of the consumers. It was difficult for consumers to testify that the manufacturers of products had fault. As the consumers' rights were invaded now and then , consumers asked for using law to protect their rights. Under this situation, strict liability rose and was appreciated by every countries of the world. But in the 1970s, the come of Product Liability Crisis shock the strict liability. Strict liability had its own disadvantages. Such as the compensation was so high that some companies were in debt and the insurance were shock and so on. Therefore some countries and scholars set about some new quests. Strict liability correct the vice of fault liability, but it doesn't work well in helping development of economy and balancing the rights of society's bodies. At present, some American scholars put forward some new views in supplying strict liability. This article is based on this problem. Its structure is as follows: Part one is introduction. Part two is the summary of the principle of product liability fixation. Part three introduce the history of the principle of product liability fixation. Part four is the development tendency of strict liability. Part five is the view of author, proposing a new fixation structure—two-sided fixation system of presupposition of fault based on strict liability. The last part is conclusion of article.
Keywords/Search Tags:Product liability, The principle of fixation, Strict liability, Fault liability
PDF Full Text Request
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