Study Of Product Liability Legal System

Whether in the countries which carry out Civil Law or Common Law, the tort is a domain of law full of challenge. In the global society, as one part of the tort, the product liability law theories renovate all the time, and the system of legislation is perfective. In our country, both theories and practice of product liability law lay lies behind the developed countries, so it is crucial to improve our country's legislation of product liability law by strengthening the research and consulting the experiences of foreign legislation.This dissertation includes instruction, main body and conclusion. The main body contains four chapters. The first chapter pays attention to the basic theories of product and the product liability. Firstly, the paper introduces the concept of product in some representative countries briefly and emphatically explains the legal stipulation of the product scope and the legal reasons in our country. Secondly, the paper introduces the concept of product in some countries, and pays more attention to three theories about the characters of the product liability in theory. Through the comparison, the paper gets the conclusion that the product liability is a special liability of tort. Meanwhile, the paper differentiates the product liability, the liability of product quality and liability of product flaw, and defines the connotation and extension further.The second chapter takes the evolution of product liability's principal for example, and the evolution of various principals as the clue, to investigate comprehensively. Firstly, the paper talks about the contract liability and analyzes the origination, application and defects. Secondly, the paper illustrates the evolution and difficulties of providing evidence under the negligence liability, so the warranty liability established. Thirdly, by making the trace clearly from the warranty liability to strict liability, the paper shows the significant progress in the protection of consumers'benefit by strict liability. Finally, the paper briefly explicates the stipulation of product liability's principal in the Law of Product Liability of China, explains the intention of legislation and analyzes the application of reasons for exempting the liability.