Research On Legal Problems Of Product Defect Recognition

Product liability is a kind of special tort liability. According to the regulation of our country legislation of products liability, consumer need to prove the existence of product defect, there are damage as a result, the defect lead to the personal and property damages results. No defects, no responsibility, therefore, the product defects identified legal problems become the core issue of product liability disputes. This article in all three cases are caused by cars "airbag" did not pop up the judicial litigation, court of Beijing, hubei, sichuan, has made three different referees as a result, the inductive main dispute focus of three cases, analyzes the different understanding of product defects identified three court. Our country law to the legal concept of "defect" definition is not clear, the burden of proof is not clear, lead to the court in the judicial practice on product defects identified inconsistent and different arbiter. The definition of product defect should be unreasonable danger, the product is unqualified is one of the standard of product defects. From reasonable consumer rights protection concept, as a special tort liability, product liability in the allocation of burden of proof, while the response to the plaintiff as a consumer product defects, damage consequence, product defect damage consequences of causal relationship between the three component elements of product liability, but should be reasonable and fair allocation of the burden of proof, especially clear defects of the burden of proof, proof of product defects using presumption principle, bear the burden of proof by manufacturers without defects. Product defect cognizance standard should be consumer expectations. To clarify the product defect legal definition, criteria to judge the type of product defects, product defects and related product defect recognition system, the current product liability system of our country legislation significance to the development and perfection, and about product liability disputes with connection with judicial significance.