On The Product And Its Defects

Modern product liabilities generally enforce strict liability 。 The products concept is an important concept of constructing the product liability。 Product liability law in various countries make regulation about concept and range of products based on different legislative aim and consumer's protective policy,and the regulations are different with each other. All countries are attempt to seek an balance between protecting consumer interests and protecting social development。 The defect of the products is the foundation of bearing the product liability, and the core of the product liability law 。 One important respect of product liability law is the nature of defect, defective products is an important document of productlawsuit。 The concept and asserting the standard is a key problem of confirming the product liability of the defect in the legislatation in all the countries。 We have not classified clear regulation to the defect of the products in product liability legislatation at present in our country。 It is generally thought in academia and judicial practice that the defect of the products is shown as three respects:manufacturing defect, design defect, warning defect 。The legislative mode of the current product liability law has two classes at present, regarding European Union and U。S。A。 as representatives separately。 This text uses the method to relatively study。 Through studying the product range and products defect in American-European countries and China correctly,the author put forward some feasible suggestion to perfect product liability of our country legislatation。 The author proposes in chapter one of this text that our country can draw lessons from the practice of U。 S。 A。 while confirming the range of product, define the summarizing type to the products, on the premise of adopting the summarizing type to define to the products, adopt the enumerating type to include some special movable property in the range of the products. Author point out of our country products standard of defect should legislate unanimity of keeping with foreign countries among chapter two, regarding the unreasonable dangerous standard as the sole standard which judges the defect of the products。 Among chapter three, the author divide product defect into three types: manufacture defect, design defect, warning defect, and explain the definition and standard.. Among chapter four,the authou put forward somesuggestion to perfect the defenses to product defect。To study European Union and American product liability law , is of value to instructthe socialist market economy of our country legislatation in theory , and help to protect the masses of consumer's rights and interests . Meanwhile, the product liability law theory of our country that can make the product liability law of our country more scientific.