On The Doctrine Of Product Liability Fixation

Product liability is offspring of the development of society and technology. The system of Product liability has been appreciated generally by most countries of the world because damages by product defects occurred frequently. The principle of product liability fixation, the most important content of the product liability system, has developed from contract area to tort area, from contract liability to fault liability and finally to strict liability. The process of development reflected the law-makers' gradual recognition to the protection of the consumers' interests. In contrast,the liability of producers and sellers was heavierand heavier. The principle of strict liability was adopted in legislation of product liability by most countries because the strict liability could protect the victims' interests better. This thesis,with a view to perfecting the product liability legal system of our country,compares the contract liability,the fault liability and the strict liability and states that the striet liability should be adopted in the criterion of product liability,on the basis of analyzing and investigating the developing principles of the common theory of the criterion of product liability;at the same time,this author puts forward some suggestions on the legislation of our country's criterion of product liability after analyzing the current theoretical and practical issues.