Analysis On Information Products Liability

Intangible information products encounters mass production and mass consumption in the knowledge-based economy society, in which knowledge and information are produced, diffused and applied, and thus became the newly burgeoned transaction object. However, the use of information products tend to be not only technological but dangerous as well. Once defect is found in the product and cause damages, it will be catastrophic to influence the broad social, economic and military field. Information products are regarded as "special kind of products"in the field of products liability law. Also information products liability is a new topic on the edge of international products liability law. Based on different knowledge and policies, there has been seen different opinions among many countries'legislation and cases so that the application of information products liability has met many difficulties. This essay developed upon the background of the development of knowledge-based economy and the emergence of hi-tech social risks. By applying the principles of law, history, sociology, economics and philosophy of science and technology, also by using various research methods, this essay reviewed the historical development, elements and characters of information products, firstly brought forward that not all information products can be "products"within the products liability law, discussed reason of the late need of information products liability law. The application of information products liability is subjected to the "free speech", "free publication"and "free scientific research"which are constitutional articles. In addition, both the principle of "innovation is defeat tolerant"and the relationship of "product, information product and matter"could be the oppugn of the application of information products liability. In this essay, the author discussed how to break through above oppugn and limitation. In order to prove the essentiality of information products liability, the author also took a comprehensive study on the subjects of comparative legal analysis, analysis on balance between rights and duties of providers of information products, the significance of controlling risks in hi-tech society by information products liability law and the status of consumers in controlling risks of information products. Lastly, this essay discussed the difference between information products and general products in judging defect, the principle of liability and reason of contradiction.