Study Of The Export Product Liability Insurance Law

Export product liability insurance (EPL) has been playing a vital role in the decentralization of risks in export product liability. EPL system in China is still at its initial stage along with many imperfections compared with that in Occident countries, Japan and other countries. Author made a study of EPL from aspects of product liability law, insurance law, torts law and contract law, while euramerican product liability systems as one of main references of study. With regard to product liability law's legislation, there is still no independent law on product liability resulting in lack of legal basis of EPL. And there exist many problems in the Law on Product Quality, such as narrowly scopes of products, unclearly definitions on product defects, different understandings on the principle of imputation on product liability and imperfections on damages compensative system and so on. Therefore, author proposed constituting one independent Law on Product Liability, or perfecting the Law on Product Quality as soon as possible in purpose of solving above-mentioned problems. In the content of this legislation, author proposed extending the range of products from commercial areas to market circulation areas, taking"Unreasonable Danger"as the recognized standard of product defects, extending the range of defendant to all parties involved in design, production and marketing of products. Meanwhile, author discussed the feasibilities and necessities of building of metal compensative system and punitive damage system. At the aspect of liability insurance law's legislation, there are only two clauses concerning about liability insurance in the Insurance Law and none concerning about EPL, resulting in lack of legal basis of EPL. Undoubtedly, it's an urgent task to complement and perfect the Insurance Law to meet the requirements of judicial practices and insurance market development. Accordingly, author proposed definitely prescribing the direct claim right of third party in liability insurance and also defend duty of insurer in liability insurance.