Jurisprudential Analysis Of Spiritual Product Liability

People pay more attention to mental consumption and information consumption besides the material consumption in the coming information age.With the increasing percentage of consumption of publications, information infringements that are caused by consumption of publications are increasingly popular correspondingly. The inexorable trend of frequent infringement is the update and improvement of the legislation. At present, the regulation on legal liability of information infringement produced by consumption of publications would have been published in the domestic and oversea. The predicament of infringement without right protection will be the biggest default of a democracy and legal country. Spiritual product are the knowledge, technique and idea indicated by written language in publiccations. When the material products own the widely protection of the system of product liability, at the same time, Whether the information can or should be incorporated into the category of product, the infringer about the spiritual products associated with the information should undertake the corresponding responsibility of product,and how to construct the relevant systems about the liability of spiritual,they are all the key strongpoint. In this thesis,mainly combined with the limit of the concept of traditional product liability,1recommend that spiritual products should be putted into the category of general product, and applied to the special product liability of defective publications.There are four parts of this thesis. Firstly, In comparison with other related concepts, I will introduce concept and characteristics of the spiritual products.Secondly,drawing useful experience by the external judicial precedent about information products liability.Then,I would introduce the necessity of legislation protection of publication spiritual products liability from two aspects of positive and negative,and I would mainly disprove the legislative obstacles of spiritual product liability from three levels which is the freedom of speech, the debate about tangible and intangible about the"product",and judicial burden. Lastly,I would point out that the unique institutional factors of the spiritual products liability, including the imputation principle of spiritual products liability, defects of spiritual products and its classification standard, the recall system and so on. As the basis of spiritual products liability, I hope that we can establish a new and convenient information product liability system in the present legal environment of China.