Study On American Product Liability System

The doctrine of liability of fixation in product liability refers to the standard and rule that determine the liability for damages of product producers or sellers when they produce or sell products with flaw and cause consumers suffer harm. The doctrine of liability of fixation in product liability is not merely the constitutive requirement of product liability, on us probandy allocation as well as the standard of escape clause, but also the epitomization of intrinsic value of product liability. The doctrine of liability of fixation in product liability manifests directly that country's benefit balancing the relationship between producers and consumers in the process of economy developing, and reflects the law circle's understanding and utilization on legal thoughts, such as justice, efficiency, fair and so on in this country. Therefore, there is important theory and practice significance on the research of doctrine of liability of fixation in product liability.US is an important place of origin of modern product liability law system, whose rigorous product liability theory system and completely advanced legislation pattern have provided a great model for the various countries product liability legislation.Therefore, this article plans to inspect the historical development, state of the art and the newest tendency of American principle of the strict 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 strict product liability, discussing the reasons and inspiration of differences on Sino-US principles of imputation of strict product liability, summarizing its relatively advanced theory rationality and feasibility.