Product Liability Principles

Attribution principle of products liability is the heart of products liability law. Whether it is reasonable or not directly relates to protection of civil rights and realization of social justice. The author tries to put forward the fair mode of attribution principle of products liability which should be adopted and give some legislative suggestions on how to perfect attribution principle of products liability in China by investigating the attribution principle of products liability in some main industrialized countries and making a comparative analysis.The dissertation is entitled "Study on Attribution Principle of Products Liability". It consists of four parts apart from introduction.Part Ⅰ: the definition on concept and nature of products liability. The author makes a distinction between products liability and products quality liability, points out that products liability should be defined as a special tort liability. The nature of products liability is illustrated from three aspects. Firstly, whether the products liability in itself or the social basis and law policy purpose of products liability is different from contractual liability in theory; secondly, it is beneficial to solve the overlap of contractual liability and tort liability to define the products liability as a tort liability; thirdly, products liability has characteristics of new type tort.Part Ⅱ: comparative analysis on attribution principles of products liability. The author makes a general analysis on attribution principle of tort law, holds that attribution principle system is composed of principle of negligence liability and principle of liability without negligence. The meaning of liability without negligence is similar to that of strict liability. The author investigates the attribution principles of products liability inU.S.A., Britain, France, Germany and Japan, concludes that products liability experiences evolutional process from negligence liability to strict liability through comparative analysis.Part Ⅲ: the fair mode of attribution principle of products liability which should be adopted in China. According to Products Quality Law of P.R.C., China adopts strict liability principle to manufacturer, employs negligence liability principle and strict liability to sellers. The author holds that the fair mode of attribution principle of products liability in China should be the principle of strict liability. Adopting the principle of strict liability to manufacturer and seller in the field of products liability is our inevitable choice.Part Ⅳ: perfection of attribution principle of products liability in China. The emergence of strict liability is really a big development in products liability law. Strict liability tends to protect consumers' interests in its value goal, but a country shall not only attach great importance to the protection of consumers' interests, but also give consideration to enterprises' interests while making and enforcing its products liability law. If the principle of strict liability is used well, it can stimulate the progress of science and technology and promote economic development. If not, either the consumers' interests can't be protected well, either the enthusiasm of enterprises to develop new products and use new technology is influenced. The author holds that attribution principle of products liability in China shall be perfected from the following aspects: 1. Our products liability law shall stipulate that the willfulness or gross negligence of the injured party is a defense for manufacturer or seller. If the damage is caused by the willfulness or gross negligence of the injured party, the liability of manufacturer or seller shall be exempted or relieved. If the injured party has slight negligence, the liability of manufacturer or seller shall not be exempted or relieved. Themisconduct of the injured party includes misuse, overuse, assumption of the risk. 2. Establish alternative liability system, concerted liability system, industry-wide liability system and market...