Study Of Product Liability Legal System

The embryonic form of product liability law is arising in the mid-19th century. After its formation, the highest level in Britain was the first industry to product liability as a separate legal issue, as countries to deepen the process of industrialization, product liability has been seen, so many countries have implemented the rapid development of product liability law. With the development of information technology, the world's increasingly close trade and economic globalization, product liability law by domestic law now evolved into the global cross-border areas of international law, resulting in an international product liability law. This paper is a preliminary idea of making this issue. First, the broad definition of product liability, legal characteristics and the nature of the details of the product development process of accountability. Second, through analysis of national product system, the system of the international show that product development trends and dynamics is to a more scientific research. Third, the use of law interpretation and comparison referring to foreign experience and improve on our product liability system. China is already a WTO member countries, the opportunities of economic globalization, in order to improve the competitiveness of our product and to face risks, promoting market economies faster and more stable development, and constantly improve the product liability system will play an important role.Form our sense of independence is not the product liability law, the main content requirements established in 1986, "Civil Law", enacted in 1993, "Product Quality Law", "Consumer Protection Law" and in 1995 developed the "food Health Act "and other laws. Some are also scattered on the quality of the product liability law, for example, adopted in 1988, "The People's Republic of China Standardization Law," there are the legal documents involved, such as 2003, the State Council released "The People's Republic of China Certification and Accreditation", 1997 Technology Supervision Bureau published "Product Marking Regulation", 2001 AQSIQ Decree No. 5 of "mandatory product certification regulations." These laws (except the "Civil Code" outside) of a general type of legal norms. Quality content of product liability law than civil law, the specific number of slightly informative, but it is still loose, and this is my last legislation should embody the principle of broad rather than detailed.This legislative model led to legal loopholes and legal provisions of semantic ambiguity is inevitable, even in conflict with some of the large area of legislation. For example, in the general standard of product defects, the country also requires a mandatory standard, not in line with national and industry expertise on the development of certain products standards. "The People's Republic of China Standardization Law" Article 14 provides: "Compulsory standards must be implemented, the product does not meet the mandatory standard, prohibit the production, sale and import." From the requirement can be seen that products meet the mandatory standard, the product to the production, sale and import of a prerequisite, do not meet mandatory standards for products not eligible for market access. Therefore, the product of national standards or industry standards is only the most basic products that minimum standard, not very strict. And there are many deficiencies mandatory standard itself, such as the industry standard for product quality relies heavily on manufacturing enterprises within the industry associations hidden in the broad, more consideration and represent the interests of producers at the expense of the consumers themselves enjoyed legitimate interests; Second, national standards or industry standards are often based on existing technology, processing level and degree of development and factors Zhi Ding, Yi is not the only standard of security Xing Wei; same time, with the continuous development of science and technology, the product Yi Jing replacement time, the standard-setting may not be able to keep up with, still at the level of the past. Therefore, do not meet the mandatory standard is not necessarily dangerous to exist.