Discussion On Principles Of Imputation And Burden Of Prove Which Are Given Rise By Dispute Of Defective Products' Tort

Principles of imputation and burden of prove which are given rise by dispute of defective products' tort are cue issues of the legal system of product liability, and if they are reasonable has a detect relation to protection of the civil rights and realization of the social justice. This article tries to do some research and comparative analysis on principles of imputation and burden of prove of the product liability in main countries, so that I can pose some legislation subjections of China on them.The main text of this article is divided to three parts. The first part is on legislation and use for reference about principles of imputation and burden of prove of defective products in other countries. The second part is on the current legislations about principles of imputation and burden of prove of defective products and the shortcomings of those legislations. The third part is on the reconstruction of principles of imputation and burden of prove of defective products in China.People have some divergence on the legislation of principles of imputation and burden of prove of defective products in China because of the ambiguity on this subject. This situation affects the law can't be applied correctly and the social effect of the law. Thus it is urgent to conform to the tide of social's development and the legislation of product liability and make the strict liability and inverting the burden of persuasion clear.