Product Liability Principles And Application Of Law Studies

The doctrine of product liability fixation is the core theory of the legal system of product liability, and its application is of great importance . the theory is based on the doctrine of product liability fixation and appliance of law, analyzing the evolution tendency and the principle of the doctrine of product liability fixation, the relevant question and the reason why our country has applied the doctrine of product liability fixation, The essay finally proposes the correlation legislation suggestion, instructs the doctrine of product liability fixation to be suitable. Except for the foreword and the conclusion, the main text divides into three parts.The first part: the general theory of the doctrine of product liability fixation and appliance of law. First, the product, product defects comparative analysis of the concept. product defects cause damages described the act as a special type of violations, its legal consequence lead to the product liability, this part has analyzed the nature of product liability and the legal characteristics. Next, the passage has sought for the concept connotation of imputation, doctrine of liability fixation, doctrine of product liability fixation, Imputation activities described in the study of the meaning of the doctrine of product liability fixation. Once more, embarks from the analysis strict liability and the liability without fault , obtains the product liability domain the strict liability namely liability without fault; With the relevant distinction between the concept of liability without fault; the passage Has proved the liability without fault theory basis to be right. Finally, this part Conducts a study of the relevant appliance of law According to identify potential, the law to explain, Legal Reasoning and so on, Inspects the value of the doctrine of product liability fixation in appliance of law.The Second part: The evolution and the movement present situation of the doctrine of product liability fixation . First, the utilization history of research method, separately inspected the longitudinal evolution course about the doctrine of product liability fixation. Next, the utilization comparison research method, carried on the crosswise inspection about the movement present situation of the doctrine of product liability fixation in the world scope. Finally, the passage obtained the enlightenment from the comparative analysis, the doctrine of product liability fixation of experienced way and the development from the contractual liability to tort liability, presented strict development tendency and all sorts ways of movement. The discovery starts from the producer and the sale face victim's exterior liability that, usually uses the non- mistake liability for the doctrine of product liability fixation, also the victim may act according to is advantageous to own ,exercises the requested power based on the relief that different lawsuit type needs to obtain the corresponding choiceThe Third part: Whether the law is suitable on the doctrine of product liability fixation in our country, the reasons and the counter measures. First, this part studied the main problems about our country present the doctrine of product liability fixation if it was suitable exists: Our law had not indicated clearly the doctrine of product liability fixation, There are many problems about legal rule to present evidence liability and to exempt liability in close relation with the doctrine of product liability fixation, causes the law to be suitable chaotic. Next, the part analyzed the reason why the question was put forward, the main reason was the legal rules conflict, the backwardness of legislation, legal system and the legislation technology. Finally, the passage proposed the legislation consummation and legal science method solution against the question of the doctrine of product liability fixation whether it is suitable .