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Research On The Imputation Mechanism Of Products Liability

Posted on:2010-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y XieFull Text:PDF
GTID:2166360278469290Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The Imputation of the responsibility of product means after the accident of damage of product, whether in base of the fact of damage or the wrong idea of person to define the responsibility of the person and how to fulfill it. The system of the imputation of the responsibility of product is the core of the theory. It connect with the elements of the responsibility of product and the duty of it.It is also the premise of the requires of conditions. Our research and the action of law about the system has a little late.Although we consider the advanced infomationn of the system abroad, the law is simple and short of action. The Imputation of the responsibility of product should according to some principle.From the range of the world, the common choose of countries is the strict principle.Thus, what accomplish with this is the inverted resonsibility in the The Imputation of the responsibility of productThrough comparing study on Europe's and America's litigation of product liability, our country's litigation on the system of liability fixation has the following defection. Firstly, there is no applicable doctrine of liability fixation to the litigation of product. The fault liability regulated by General Civil Law and strict liability regulated by Product Quality Law exist at the same time, which induce to completely different adjudgement. Secondly, there is no clear regulation about the inverted evidential burden principal in present legislation. This will result in misunderstanding and bring damages to both parts of litigation. It is necessary to establish the basic position of the strict responsibility, and clearly estimate the applicable cases in which inverted evidential burden principal being applied. At the same time, it is necessary to endow the judge with sufficient judicial discretion, and strengthen the function of prove program so as to distribute the burden of proof equally.
Keywords/Search Tags:litigation of product, doctrine of liability fixation, distribution of the burden of proof
PDF Full Text Request
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