Comparative Study On Issues, Product Liability Law

The mutual aim of product liability laws in countries around the world is to protect consumers' rights as well as take into consideration of the benefits of manufactures' and sellers' . Product liability law in our country is still at the beginning stage and has many imperfect aspects compared with that in U. S. and main Eu countries. With regard to product liability law's legislation system, our country adopts the comprehensive legislation mode whichcombines together public and private laws without establishing independent product liability law while most other countries adopt to establish product liability laws independently. In respect of product variety, U.S. claims the largest while our country's product variety has a limited range which is not good to protect consumers' rights. When recognizing defects, countries like U.S. adopt" Consumer's expectation standard1 V cost - benefit analysis stan-dard"or "bi - dividing method"etc. While nowadays our country deppends mainly on judges' free decision without definite foundation and standard of product defects' identification. In respect of product liability attributing principle, U. S. and many other countries establish strict liability attributing principles and improve and develop those principles with economic and technological development. In contrast our country abopt faultfree attributing principle toward manufacturers and fault attributing principle toward selles which is unfair to manufacturers and not good to consumers' rights protection. In respect of damage compensation range, compared with U. S. and other countries our country's product liability cases' damage compensation amound is quite small and our country has not stipulated compensation amount's restriction and the punitive compensation's stipulation is not perfect yet. On the basis of comparative study, this article provides some proposals in the purpose of perfecting our country's product liability law.