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Legal Thought Of Domestic Civil Liability For Product Quality

Posted on:2009-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:L ChenFull Text:PDF
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SummaryProduct quality civil liability is the resultant civil liability that the quality of products that do not meet relevant state laws and regulations,quality standards and products applicable provisions of the contract,security and other characteristics of the request by producers and sales of products by the commitment of civil liability.At present,the quality of civil liability legislation in continuous improvement,but what we should see is that the present "Product Quality Law" in the product liability rules just need to be improved.Because there are many deficiencies.Not conducive to the protection of the legitimate rights and interests of consumers. Therefore,I consider product quality status of civil liability legislation and judicial practice, making the relevant legislative proposals of quality of products,and judicial practice in the quality of products liability for breach of contract and tortious liability competing product quality circumstances of the right to appeal exercise an in-depth exploration and study,specifically:On the definition of products,In China's "Product Quality Law" "product" is be defined as the products that was processed and made for sale.I believes that the product scope of the above provision is clearly too narrow.From the point of reasonable view of protection of consumers' rights,China should learn from foreign legislative experience,and further expand the extension.Will be closely related to people's lives,and it can easily cause harm to consumers goods,such as natural gas,primary agricultural products,natural foods into the Product Quality Law of the adjustment range.On product defects,the quality of our products will be in line with the national standard, industry-standard product defects as a judge one of the criteria,I believe that,in line with the state's mandatory standards or industry standards are unreasonable and still dangerous products should be considered as defective products.So if a product complies with the relevant national or industry standards mandatory,but the existence of unreasonable danger to others and caused personal and property damage,the producers can not meet the mandatory standards and products that exemption.Product liability on the principal in the country's civil liability for the existing product quality legislative background,users,consumers can only ask their manufacture or sale of defective products for responsibility of the producer.As a result,similar products due to the damage caused by the product quality civil disputes,because not attributable to the consumers and users personal reasons.consumers have difficult to prove their damage was caused by specific manufacturers of products under the circumstances,it would be difficult to be compensated for their losses.I believe that in order to protect innocent consumers,China should learn from foreign legislative legislation on this issue with the principle of the responsibility provisions of the market share,expanding the scope of responsibility of the principal.Since that allows consumers to ask for damages,even if consumers have difficult to prove their damage was caused by specific products manufacturers,according to the market share of the principle of the responsibility for all the similar production Product manufacturers to product liability civil liability from consumers concrete proof of their damage from which the manufacturer's products due to the burden of proof.Product liability legislation on the mode of China's "Product Quality Law" is a very comprehensive legal document,including two major elements:product liability law and the law on management of quality of products.I believe that the value of the Legislative Council, theoretical research,as well as protecting the interests of consumers of legal practice,such as point of view,the conditions were ripe circumstances,the two laws should be at the stand will be part of the product liability legislation,the "Product Quality Law" separated from the establishment of an independent product liability law system.On the quality of products liability for breach of contract and tortious liability competing product quality in the execution of the right to appeal,China should learn from Germany and other national legislation,and establish and improve the claims system,the establishment of such a system is conducive to fill China's current legislative deficiencies and the lack of a contractual relationship of the victim to provide a more adequate and comprehensive legal protection. Through learning related Chinese and foreign product quality civil liability legislation.I believe that this exploratory research is useful,but also broaden road through which the victim of poor quality and fake products can be helped.
Keywords/Search Tags:product liability, the subject of product liability, product flaws, liability for breach of contract and tort liability competing, product slight defect, product quality violation responsibility
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