A Comparative Study Of Product Liability Laws And The Application Of Law

In modern society, because of the fast development of technology, what come into our life are more and more products with different functions and complex structure. While they bring us lots of convenience, they also pose more risk and cause more injury to us. For this reason, the United States, along with many other developed countries and regions began to establish the law of products liability in order to protect the consumers’rights and interests.Since the21st century, the international trade has been growing in a fast speed, which gives rise to much more cases of products liability. Different countries’law may apply to the same case of products liability, in this way, the different choice of the applicable law will result in a totally different verdict. So the study of the conflict rules and the application of law has become an important subject of theoretical and practical significance in the field of modern private international law.Hereby, with the purpose of improving our legislation system, this thesis plans to carry out a research on the status quo of China’s conflict laws and applicable laws, and raises my personal opinion and proposal of improvement by introducing and analyzing the well-developed legislation on products liability in foreign countries.This article primarily covers the following parts:Introduction:practical significance of this study, main contents of this thesis and description of the research methods.The first chapter:This chapter makes a definition of products liability, its legal nature and composing elements.The second chapter:This chapter introduces the conflicts in the laws applicable to products liability in different countries. It focused on the definition of product, the subject of product liability, principles of imputation, defenses and recovery of damages.The third chapter:This chapter introduces the conflict laws and some representative cases of products liability in foreign countries, it tries to find out the latest development and trend in the legislation on the conflict laws on products liability in the world, by comparing and analyzing the relevant conflict rules in the United States and other developed countries in Europe and’Convention on the Law applicable to products liability’.The fourth chapter:This chapter points out some problems in the applicable laws and conflict laws on products liability in China. It focus on the defects and inconsistencies in’General Provisions of Civil Law’,’Law on Product Quality’’law on Tort Liability’ and ’Law of the Application of law for Foreign-related Civil Relations’. At the end of this chapter, based on the status quo of China’s economy and society, my personal opinion and suggestions are presented with the expectation of protecting the consumers’ rights and interests, and boosting the development of foreign trade by improving our legislation.Conclusion:Summarize the major viewpoints stated in this research.