European And American Product Liability Law, Reference And Inspiration

Product liability means damage compensation civil liability boren by manufacture and seller, when they offer defect products and bring personal and property loss to consumers . It was originated from Britian, kter on got swift development in U.S.A, went through contract liability, negligence liability, assurance liability and strict liability, change over from the early contract law field to the morden kw of tort field, became one of the rektively independent and important field of kw of tort gradually .With development of the global economy and trade, the product liability becomes one of the questions that the various countries pay close attention to day by day, the product liability legal system of our country has been set up tentatively, but legal system itself and its concret legal provisions also remain to be perfect, As to the level and degree of protection of consumer, there's certain disparity in American-European country rektively. It causes to ponder over such questions : What's the legal goal that system of product liability will safeguard? What style is the value orientation embodied? It's for fair, justice or for benefit , function? It's inclined to the plaintiff or the defendant? This text regards development of the American-European product liability law as the basis, attempt to use the menthods, such as, analytic approach of value, historical analytic approach, the case kw and comparative law, etc. Analysing and probing into its theoretical foundation and value orientation, We should not only adhere to the modification of concrete clause, nor imitate foreign blindly, but really understand its marrow, guide the practise of legislation and justice of our country .develop and perfect the product liability law of our country further, hold the equalization points of justice and efficiency ,rights and function correctly .