A Comparative Study On The Sino-US Principles Of Imputation Of Product Liability

The principle of imputation in product liability is the key to constructing the overall frame of product liability law system. The principle of imputation in product liability reflects the objective of product liability law and value of lawmaking and is the standard and foundation that determines product liability in practice too. It not only relates directly to the solution of product liability as well as the vital interest of all parties of product liability, but also relates to economical development and society's stability, so it is especially important to discuss the theory of principle of imputation in product liability.The theory of product liability law in our country starts late;there are many deficiencies in our product quality legislation system: Our country does not have single product liability law, the related product liability legal standard mainly stipulate in "The People's Republic of China General Principles of Civil Law" and "The People's Republic of China product quality law". Although in 2000 our country has carried on the revision to "The People's Republic of China product quality law", but still there exists many problems, not only on the content but also on the form, in our present product liability law. Especially on the legislation of principle of imputation in product liability, it indicates too general and ambiguous, also has contradictions between different laws. The principle of imputation in product liability legislation, which is not definite and exist contradiction between different laws, has created theoretically difference, brought deviation easily in judicial practice, and all of these will bring many insufficiencies and conflict to the law.The research on the principle of imputation in product liability overseas has far to be earlier than our country, moreover the strict liability has become the general principle of imputation of western major industrialized nations in the product responsibility law. US is an important place of origin of modern product liability law system, its rigorous product liability theory system and completely advanced legislation pattern have provided a great model for the various countries productliability legislation.Therefore, this article plans to inspect the historical development, state of the art and the newest tendency of American principle of imputation in product liability, summarize the rule which its development evolves, and at the same time analyze the problems on theory and practice of our present principle of imputation in product liability. In order to further establish a rational, scientific and complete system which can protect the benefit of both consumers and producers and sellers well, complete and perfect our system of principles of imputation of product liability, and further improve the product liability law of our country, in this dissertation I would like to do some research on the following issues: Comparing comprehensively and thoroughly the similarities, differences, advantages and disadvantages of Sino-US principles of imputation of product liability, discussing the reasons and inspiration of differences on Sino-US principles of imputation of product liability, summarizing its relatively advanced theory rationality and feasibility.