Analysis On Responsibility Principle Of Product Liability Between China And The USA

Nowadays, more and more cases bring challenge to our judicial. Because the product liability law's lists are not in details, so we have many troubles in study and also in practice. We have to understand the product liability principles' more properly.In different countries, the law's developments are very alike. We should do our best to make our law more clearly and at the end, utilize our understanding. At the beginning, I analyze the strict liability in details, and then analyze the differences between the two countries.The USA is in the leading position undoubtedly as"the most deliberate designed law". They adopted kinds of responsibility principles, including negligence liability, warranty liability and strict liability. The responsibility principles behind these are odd. The USA law admits plaintiff suing based on one or more. The smart plaintiff can choose the principle which is most suitable for him. The USA choose the right responsibility principle based on considering demand of economic.The USA product liability has experienced two turnings: In the first turning, from the 20th century, The USA product liability law breakthrough the fettered of contract liability, and the negligence liability changed into strict liability, the strength of liability from wide to strict. At that time, The USA changed from"seller market"to"buyer market", and the product liability worked as the best tool of law. In the second turning, negligence liability invaded the scope of strict liability and reduces the using of strict liability. When judging liability, the judges should not consider the strict liability and the negligence liability only. The judges had to consider the defects, and the acts of the makers and sellers. Using this way, the strict liability was restrained by negligence liability and warranty liability. In this change, The USA product liability law finished considering plaintiffs'benefits too much, but entered another episode: working hard to find a dynamic balance between the interests of consumers and producers, between the individual interests and the development of society, between efficiency and justice.Having a short developmental history, product liability is treated as an absolute legal problem in the way of basic law clearly in promulgated in 1986 after in 1982 and in 1984. Then there was a particular regulation about product liability inwhich was constituted in 1993 and amended in 2000. Because of some illegibilities in law, many branchings and mistakes can be found in practice and understanding. About responsibility principle of product liability, there are many viewpoints such as principle of fault liability and strict liability. If we supposed to apply law accurately, to protect the benefit of consumers and to calculate the profits between producers and sellers and requests of economic development, we should scan the law on responsibility principle of product liability once more, find the sticking points of the different meanings, perfect the different meanings according to think over the situation of us and the advances of the USA.