Tort Elements Normative Content To Explore

Product liability refers to the civil liability that the product manufacturer or seller ought to bear when his defect product has caused consumer's or third person's bodily injury or property loss. As a special liability, product liability is created with the ultimate aim of offering effective legal relief to victims of product and maintaining the market order. Therefore, issues of damages concerning product liability are an indispensible aspect of the system of product liability. However, as the damage caused by products is special, and as damage limits are different in product liability laws of different countries, it has all along been one of the disputable and devoted problems in the theory circle and practice circle that in what circumstances and within what limits should a liability subject bear his liability for the damage caused by his product, and within what limits can a victim claim for compensation. Therefore, this paper attempts to bring up some valuable suggestion to our product liability legislation by referring to the stipulations in America and European Union.Its structure is as follows:Chapter one:The mode of product liability legislation. To refer to foreign law, we stipulate product liability in Tort Law as a special liability, demonstrating its important role.Chapter two:the imputation factor of product liability. Product is the basis of product liability, defect is the reason for compensation. In this chapter, by comparing the definition scope of product and defect standard in America and European Union law, the author bring up some feasible suggestion for our country.Chapter three:the scope of compensation for damage to product liability. There is a big difference of the scope of the law system of compensation for damage to product liability between different countries. As Spirit damages and punitive damages are for the first time stipulated in our law, so in this chapter, they are discussed in detail.Chapter four:product liability includes right main body and voluntary main body. The stipulation of the product liability subject in our law is very indefinite. Right main body is called "others", the voluntary main body is determined as producer and seller, but it doesn't designate the specifically scope to "producer" and "seller". This is disadvantageous on regarding of those victims who protecting flaw product.In this paper, the author, by reference to the stipulations in product liability in America and European Union, trying to make use of their mature theory and rich practice to perfect our legislation.