Research On Product Tort Civil Liability

In China, the history of system of product tort liability is short relatively speaking. Compared to perfect system in the advanced countries, there is not a small gap. Defects in the related system prejudice full protection to consumers'rights and interests in the dry tree. And because of the acceleration of world economic integration process, forming a worldwide unified market, the imperfect system of product tort liability places Chinese enterprises at a competitive disadvantage around the world. This paper adopts comparisons, contrasting the system of product tort liability of European Union, American and China in the range of products, responsibility body, principle of imputation, damages and so on. And then I put forward some proposals.The section one describes the system's basic theory, defines the concept of the product, makes a distinction between product liability, product tort liability and product default liability which are easily confused. I define product tort liablity as the damages liability in the field of tort, make a comparison between the fault principle and no-fault principle, and then point out that the no-fault principle trends. Lastly I discuss its composition.The section two describes the system of product tort liability in terms of priciple of imputation, responsibility body and damages in United States and European Union. EU and US have adopted the no-fault principle, and make enlarged interpretation to producers and sellers. The scope of producers is broader in US than that in the EU. EU and US have a complete system in damages, including personal, property, the spiritual and punitive damages.The section three points out the narrow range of our products and responsibility body. The responsibilities are not clear between responsibility body. The lack of spiritual damages and immaturity of product recall system and punitive damages goes against both producers and consumers. And making an analysis to product recall, spiritual damages and punitive damages' necessity.The section four ponits out some suggestions to improve in connection with the deficiencies which are raised in the previous section and draw lessons from advanced system of EU and US. I propose that primary agricultural products and intellectual products incorporate product in product tort liability law. And the different priciples of imputation apply different responsibility body. And then the producers of product components, and spokesman should be responsibility body. Then I point out perfect product recall from scope of product, recall method and legal responsibility. Lastly I raise adding to spiritual damages and make a clear regulation to responsibility body, restrictive condition and amount of punitive damages.