Research On Several Problems Of Product Liability Law Of Our Country

Implement socialist market economy needs set up and safeguard normal market economy order. According to social current situation in recent years of our country, the quality problem of the products is more serious, especially fake and forged phenomena generally exist. The defect of the products causes various kinds of harms , the serious injuries include of three respects rights :the person , property and spirit to consumer. This requires producer , seller to fulfil the legal obligation to guarantee product quality consciously, this sets up and maintains the basic requirement of the normal market economy order. At the same time supervision and consumers' supervision of the functional department are essential. And it is a historical trend to set up complete product liability law , and standardize and protect it in terms of country. This text has carried on the discussion on the issue that the product liability legislates relevantly. The thesis is divided into four chapters: Chapter one the exposition to the concept of product,product liability and product liability law. Since a legislative question of the product liability, the concept question is a foundation. Study and could standardize the product liability in concept of product,product liability and product liability law only correctly. This chapter has made an introduction to the definition of the products at first.From different fields to introduce it firstly. Including study the general explanation made toward products in three fields in political economy , economics and marketing. Second, how to define in foreign laws and go on the discussion to products, including U.S.A. , European Community , Germany these economy developed country and economic group. Finally , analysed the current situation and deficiency defined to the concept of the products in the law of our country, and mainly to proposing some suggestions on the intension and extension of the products among them. The second segment is the exposition to the product liability.At first, auther make a brief introduction to the historical evolution of product liability law. Summarizing to the definition of the product liability secondly, the product liability mean that causes the losses of others' rights of the person , property because the products are off quality, compensation responsibility which the producer and seller should bear . Compared with other responsibility the product liability has one's own unique characteristics. Product liability and contract responsibility, product liability and product quality responsibility are distinguished existing in a great deal of responsibility nature, responsibility subject , and responsibility range,etc.The third segment is the introduction of product liability law. Product liability law to confirm producer and seller produce to it or products that sell should bear law of responsibility mainly. The relation of gaining thorough understanding through comprehensive study of the subject exists in the regulation in Product Quality Law and General Rules of Civil Law and Consumer Protection Law of our country. The relevant regulations of Product Quality Law and General Rules of Civil Law are relations between special law and common law. Product Quality Law is an important component of consumer's safety law in Consumer Protection Law . Chapter two explained the product liability subject . The product liability subject is divided into a subject of right and obligation subject . To introduce law of Britain , U.S.A. , Germany ,make an introduction to regulation ofproduct liability subject at first. And then of our country law subject of right and obligation subject in the product liability make detailed exposition, have pointed out some weak points in the legal provisions at present, and propose some suggestions. To several kinds of special subjects in the argumentation of the obligation subject, for example products designer , transportation person , storage person,victim and responsibility issue of maker , raw materials of spare part make analysis too. Chapter three explained the question of asserting of the product liability. Firstly,responsibility principle is basic problem in asserting product liability. Product liability has been gone through the course from principle of liabiity for fault to principle of liability without fault then to strict responsibility principle by the responsibility principle. The product liability of countries all over the world is relied mainly on the strict responsibility principle at present. Of our country law abide by strict responsibility principle to producer and fault responsibility and fault infer responsibility to seller. This is a contradiction among the laws, and violate the justice according to the national conditions of our country. Second, the comprision of the product liability is an important factor of asserting the product liability too. Have explained in detail the comprision of the product liability in the article . Third, investigating the origin of an incident that must involve contradicting of responsibility. The contradicting of responsibility of the producer and seller is ruled in various countries law, protecting its legitimate rights and interests. The fourth rule and regulation is compensation for damage range questions of the product liability. After responsibility is confirmed , the specific range compensated for should be fixed to guarante the realization ofresponsibility, performance of the obligation and protection of the right too. Personal harm , harm of the property and spirit that this text involved to the product liability have damaged and made comparatively detailed analysis, and has put forward the suggestion on these regulations legally of question. In addition, have carried on the deep discussion in setting up punishing compensation system question. Including the stipulation on punishing compensation of various countries, set up the system that this question needs paying attention to and question in such aspects as the importance among them and compensation limit of fair principle. Product liability law is it can set up safe society of consumption to intend, it different from Consumer Protection Law regard protecting consumers as the main purpose, must pay attention to the equilibrium of the interests between the consumer and manufacturer , adjust the responsibility of the manufacturer , seller properly. Moreover, our country joins WTO formally , the ones that faced are a whole set of legal rules and systems of WTO, this law current to our country proposes a lot of challenges. The development of international trade, make the quality problem of the products become very important problem, this is prerequisite , condition which can be carried on in trade. The common market economic law has a great impact on economic and social life of our country, understand and observe relevant laws as the producer and operator , and manage quality in accordance with the law , control quality , ensure the quality of products and could seize the opportunity in the fierce market economic competition . Since the eighties, our country, in order to meet the development of economy, have made the regulation correlated with product liability in some...