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Liability Principle. Theory Of Product Liability

Posted on:2005-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:M S WuFull Text:PDF
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The doctrine of product liability fixation is the core and foundation of structuring the legal system of product liability. With the development of market economy and the entry into WTO, it becomes particularly important to study the criterion of product liability systematically. This thesis, with a view to perfecting the product liability legal system of our country, compares the contract liability, the fault liability and the strict liability and states that the strict liability should be adopted in the criterion of product liability, on the basis of analyzing and investigating the developing principles of the common theory of the criterion of product liability; at the same time, this author puts forward some suggestions on the legislation of our country's criterion of product liability after analyzing the current theoretical and practical issues.Product liability is a legal liability which arouses from defected products. Its nature is a new liability of tort. The doctrine of product liability fixation means liability criterion of producer and seller of defected products. And it decides constitutional elements, the distribution of evidential burden and the setting of grounds for exemption of product liability. In Britain and American legal system, cases play a great promoting role in the development and perfection of the criterion of product liability. However, in continental law system, this criterion is stipulated in the code of written law or illustrated in the explanation of the code of civil law so that the victims can be protected. Although two legal systems have different characteristics, yet enforcing strict liability is their common tendency. This doctrine, from contract liability to fault liability and eventually to the strict liability, embodies the close relation between the legal system of product liability and commercial economy, and reflects law adjustment's change from the adjustment of private law to the combining regulating of public law and private law. Meanwhile, it mirrors that the legal thoughtof humane respecting has been recognized extensively in the international society.Meanwhile, this author, in this thesis, analyses and studies the course of development and perfection of doctrine of product liability fixation in China, and poses that Chinese law's vagueness results in some cognitions disparities and influences law's application and its social effect. Therefore, it is urgent for Chinese systems of product liability to clarify the doctrine of strict liability.This author, in the last part of this thesis, puts forward his suggestions as to perfecting the legislation of the criterion of product liability: stipulating the application of strict liability, especially this author points out that product liability belongs to external liability that should be undertaken by producer and seller. Therefore, product liability should be distinguished with internal liability strictly.
Keywords/Search Tags:Product liability, Doctrine of product liability fixation, Legal system of product liability, Strict liability
PDF Full Text Request
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