The Comparative Research About The Imputation Principle Of Product Liability Between China And Foreign Countries

With the rapid development of modern industry; increasing diversity of the products; more complicated social structure, our society is exposed to more intense imperil. The imputation principle of product liability is essential issue in the product liability laws, which is directly relative to the protection of civil rights as well as the realization of social justice. Favorable solutions for domestic imputation principle of product liability and proposals for legislation of complete imputation principle of product liability in China are pointed out in this thesis through out the analysis about the imputation principle of product liability in major industrial countries in the world.Based upon the detailed comparison and.analysis of the product liability law system as well as the product range definition of the defect; establishment and the content of product liability; disclaimer subject and judicial cases in the US, Korea, Japan and Europe, current domestic product liability legal system is compared and studied in the thesis. What is more, advanced accomplishments of the research are ruled out, according to the thorough investigation upon the tendency of international product liability law system.Compared to the practical demand of the developed countries in Europe and America as well as in China, there are certain drawbacks within the product liability law system in our country. We do not have formal and independent product liability law yet. Definition of the "product" is too narrow and dual judgment of the "defect" fails to protect the legitimate rights and interests of consumers. Moreover, the imputation principle of product liability in "product quality law" is not adequate for consumer protection.The following problems are mainly evaluated in the thesis.First of all, definition of the products and product liability; nature of the product liability; and the meaning of the imputation principle of product liability are clarified, then the history and the theoretical proposition of the imputation principle of product liability system are discribed.Secondly, the imputation principle of product liability is analyzed with current theory of product liability and problems in the practices, then disparities between domestic and exotic outlook are discussed to find out the advantages of law systems in other countries.Finally, drawbacks of product liability attribution principle in our country are claimed in order to rule out the solutions for a complete imputation principle of product liability system in our country, which might exert a dramatic impact on both promotion of the judicial activities for the imputation principle of product liability and economic development as well as the protection of people's interests.