Products And Defective System Of A Comparative Study

The system of product liability develops with modern technology progress and modern industry. The middle of the 19th century, product liability appeared firstly as a law problem in British judicial precedent, and then developed to become relative and independent law realm gradually. It experienced from contract duty to tort duty and from general tort duty to special tort duty, so the system of product liability that we say here is a kind of special tort duty which is independent in contact system.Product Liability is the most significant institution to balance the relationship between consumers and manufacturers. It is infringement dispute which is due to product quality that may be supposed to be one of the nuclear propositions in the consumers' rights and interest protection movements. Compared with the other national product liability lawmaking, the institution of Product Liability in our country is far behind the developed countries, such as the simple and general the regulations and the lower lawmaking level, therefore the theory of Product Liability needs to be further studied in many aspects. Particularly after entering WTO, China contact with other countries more and more frequently and deeply. It is urgent for us to lift the protection level of our country's product liability legislate. We will be on the edge of the market field if we can't establish and perfect the system of product liability; At the same time, the lower level of the lawmaking in our country maybe made manufacturers and consumers in the disadvantageous position in product dispute. Therefore, it is necessary for us to further study the lawmaking of the product liability law system in our country, so as to improve the rights and interests of consumers and manufacturers.In the system of Product Liability, the scope of "product" which reflects the level of the economic condition and public policy is the starting point of the system of Product Liability, and it is also the important law means to balance the interests among manufacturers, sale persons and consumers. At the same time, the notion and the scope of "product" set the substantial base to define the product liability. Theessay mainly makes comparison with the scope of product, and the social base on which we analyzed , then points out that the legislation should expand the scope of "product" in terms of product liability, such as initial agricultural products, blood and blood goods, electricity, intelligent products and service. Product defect is the base of produce liability, and also it is the core of product liability legislation. Its definition directly affects whether the right can be achieved. That is to say, there is no product defect, there is no product liability. On the basis of analyzing in the field of the product defects in many foreign countries, the essay fingers out the defects in the relevant product defect legislation of our country, and put forward the constructive suggestions to the definition and categories of the product defect and also to the judgment standards. At last, the essay made it requirement to strengthen and better the management and revision in the field of defective products of our country by studying the institution of the defective products recall from abroad.