Study Of Product Defects In The Legal System

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 product lawsuit The concept and asserting the standard is a key problem of confirming the product liability of the defect in the legislation in all the countries.The first part: the definition of the concept and the range of products. This chapter 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 legislation. The author proposes 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.The second part: The definition of product defect. he definition of product defect is the core of modern product liability, as under the system of strict liability the producer and seller will assume the liability of compensation without considering whether there is a fault on them if consumer can prove: 1 there is a defect in the charged product; 2 occurrence of certain damage; 3 the defect is the cause of the damage. Based on this, this paragraph tries to research into the theory by comparing the related laws of China and foreign countries. There are four parts in this paragraph: the first part is mainly on the analysis of basic concepts of product defect; the second part is mainly on how to define product defect; the third part is mainly on the present conditions of legislation of our country product defect and how to define product defect; the fourth part is on the consideration of how to improve the system of product defect in China.The third part: The plea of compensation of product liability. The plea of compensation of product liability can be divided into three: plea to exclude compensation obligations, plea to eliminate compensation obligations and other pleas. The author put forward some suggestions to perfect the defenses to product defect.The fourth part: the harm and compensation of the product liability. The system of the harm and compensation of product liability in foreign countries are discussed. We analyze the deficiencies and limitations in the Chinese law about harm and compensation of the product liability. For example, the Chinese law has not defined the compensation for spiritual damages in basic law yet, not stipulated the punitive compensation of product liability. In the end of this part, some proposals are putting forward to perfect the Chinese law system of harm and compensation of the product liability. It concludes harmonizing the legislation, complementing the basic content and improving the litigation.