A Comparative Study Of The Law Between America And China On Product Liability

Product Liability Law (PLL) is an important constituent in the system of economic laws; and nowadays the legislation of PLL is given weight to in many countries. America is a representative country whose PLL develops rapidly and completely and its legislative and judicial practice has cast great influence on the legislation of PLL of many western developed countries, as well as the configuration and development of the Liability Law of International Products. With our entry into WTO, foreign trades have increased progressively; meanwhile many disputes are constantly arising. Accordingly, the traditional PLL of our country, to a certain extent, is suffering trials by the newly coming problems and situations. The present thesis makes a comparative study of PLLs between China and America and extends our study from the aspects of the legislative system of product liability, the meaning of product defect, the principle of duty ascription of product liability and the range of the compensation for product damages. Based on our study, we explore the deep-seated meaning of the value of the system of product liability in America. With the advanced experience of American legislation of PLL, we point out several suggestions for the improvement of PLL in our country.