The Historical Development Of The Product Liability Theory Of Product Liability Legal System Perfect

With the development of our country' 3 market economy, the phe-nomenon that consumers themselves and their property are clam dam-aged owing to inferior product quality have leen increasing since poform. Product quality has become a prominent problem to puzzle the produc-ers, the salesmen and the consumers. It has become an extensive consis-tence to perfect product duty's law and to strengthen protection of con-sumer's rights.But at present, Chinese product duty's law, not only in legislation and Judicature, but also in theory research, is still in its early stage. So it is in practice very difficult to find satisfactory solutions to some deep problems in Product Quality Law, Consumer Protection Law, Food Hygiene Latv. There are still many problems that need to be solved in law, such as uncertainty of product's unreasonable dangerous scope, who should be responsible for the damage of products that accord with safety standards, whether to compensate for the damage of the products that are not for sale in circulation or not to do it, approval and Imitation of mental compensation, establishment of punitive damage's system, etc.The author compared, discussed and analyzed the representative product liability laws of Continental law system and Anylo ?American law system, and explained product liability laws earlier rules and later legislation, Furthermore, refining to some practical experiences and stylistic rules of European ?American product liability laws. The author analysed the definitions of products, damage, shortcoming and reasons of damage and shortcoming in Chinese product duty' s law and how to deal with them. On the base of it, the author put forward legislative countermeasure to solve the contradiction between science and practise of our country' s legislation of product duty' s law that should legislate spe-cialized product duty's separate law with the characters of civil law. This paper put forward a definition for product and discussed the feasibil-ities and necessities of building of mental compensative system and puni-tive damage system, espeually talked about the construction and content of product duty' s law system. The author hopes that could become exfensive consistence to perfect product duty's law.