Comparative Study Of The Product Liability System

With the development of modern industry after the twentieth century, the varieties of products increased and the structure of products became more and more complicated. Thus the danger of the products enhanced. In order to restrict market-mechanism, protect consumers better, and balance the rights of the producer and the consumer, many countries and districts in the world such as America and Western Europe have established comparatively consummate product liability law. With the comparative method,this dissertation does some research on the product liability system of China in the aspects of product range, product defectiveness, the principle of fixation and compensation for the damage. Then the dissertation gives some suggestions for product quality law.In Part One, the dissertation compares the difference of product liability and product quality liability in definition, focus and so on. Product liability is an especial tort responsibility, and product quality liability is an integrated responsibility of civil liability, administration liability and criminal liability.In Part Two, the author, by analyzing the existed different definitions of"product", points out that our conception about"product"is too abstract to be practiced. The author suggests that mechanization is not necessary in the process and facture."Estate"should replace"building", and"circulate"should replace"sell". The dissertation defines the legal status of many important products. For example, agricultural products should not be regulated by product liability law at present, while bloody products should; intellectual products should be divided into two parts, i.e., there is difference between intellectual product liability and the liability of providing intellectual service.In Part Three,the dissertation defines what is"defect". Firstly the author...