Discrimination Between Product Tort Responsibility And Product Blemishresponsibility

Domestic and foreign product liability on numerous research results, product liability legislation in the United States developed the most experienced a tortuous course, reflects the product liability legislation and socio-economic development to adapt the laws and to allow us to see the Product Liability Act, the development trend, namely, towards the producers and consumers sales benefits balanced direction. The United States Third Restatement of Tort Law is the latest summary of product liability and provisions of the world's leading product liability legislation in the direction of development; flaw Product liability as an important area of contract system, the adjustment of contract for the sale of the rights and obligations of both parties play an important role in theoretical circles responsibility for the security flaw has made a lot of research. Whether academics or legislation on product liability issues related to have carried out research and provides, but the problem is far from resolved, as in the development of society, the concept of change, a lot of theory and provides perhaps outdated, may need to adjust the new, but new things and new problems constantly arise, we need to clarify our thinking on related issues and a clear comparison. Tort Liability and Products liability Products flaw in many respects, significant differences exist, such as imputation principle scope of compensation, the parties of the relief, the subject of limitation of action and defenses and so on, Tort Liability Products With more and more developed market economy to be heard, and product defects are the responsibility of the important areas of contract law system, adjust the merchandise basin of the rights and obligations of both parties. In this paper, a comparative analysis method, Empirical Analysis of Law, Law on Product analysis Product liability and tort liability for the Analysis of flaw, discovered by comparing the problem, which draw on advanced foreign practices recommendations to solve the problem coming to a conclusion.In this paper, Tort Liability and Products liability Products flaw compare two types of responsibility, a clear attribution of responsibility to the two principles, the main responsibility, constitute elements of the compensation, relief methods, such as limitation of action different. At the same time, in the event of product liability for the rights of the parties pointed out the means of relief, so that the parties be able to better protect their rights. At the same time, other countries through a comparative analysis of product liability law, found that China's deficiencies in legislation and made a perfect product liability law in our country several suggestions.In this paper, by the introduction, body and concluding remarks in three parts. The body divided into four chapters, the first chapter is the basic theory of product liability exposition. First of all, introduce the concept of the product; Secondly, the introduction of product defects and product liability for tort liability and the nature of the concept, so as further discussed below, do a good job paving the way; again, compare the products and product defects flaw; Finally, through a case analysis of tort liability in product liability and product flaw competing circumstances, the parties choose a different appeal by the affected parties the right to relief.Chapter are Tort Liability Product liability and product defect analysis, which is the core of the article, only by comparing one of the questions can be found. First, the comparison of the two attribution principles; Secondly, the comparison of the two elements; Third, the comparison of the two main scope; Fourth, the comparison of the relief methods and the way responsibility; Fifth, comparison of the scope of compensation; Sixth, the comparison of the exemption conditions; Finally, comparison of the limitation of action. Through the above comparison, so that the distinction between two kinds of responsibility gradually clear up.Chapterâ…¢of the two types of responsibility in our legislation the provisions of analysis, a comprehensive analysis of the "General Principles of Civil Law", "Product Quality Law" and "consumer protection law" which the provisions of. And major deficiencies identified in the standards, the main responsibility, to defend the subject with the United States and the European Union Product Liability Act are compared, the purpose of comparison found in China's deficiencies in these areas, by drawing on the advanced experience of other countries, with a view of China's product liability with reference to legislation. Chapterâ…£further China's Product Liability Act, the existence problem, one of which is the narrow scope of products; the other is the subject of rights and responsibilities of the main terms is not clear; its three principles are imputability confusion; its four relief parties are limitations; Finally are on different legal provisions in the statute of limitations during the conflict. In response to these questions and put forward some specific measures to improve the hope that the future of China's reunification "Product Liability Law" for a certain role.China's market economy forward in the continuing development of high-tech products continue to emerge. With the ongoing reform and opening up, economic globalization, China is gradually and international practice. Current social harmony is the dominant factor, product liability incidents the constant emergence of a serious impact on consumer safety of life and property, safeguarding the interests of consumers has become the voice of the mainstream of society. Therefore, China should establish uniform product liability law.