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The Responsibility Verification And Damage Compensation Of Product Liability

Posted on:2012-09-10Degree:MasterType:Thesis
Country:ChinaCandidate:X G BaiFull Text:PDF
GTID:2216330338964861Subject:Law
Abstract/Summary:PDF Full Text Request
regime which closely related to consumers and manufacturers. TheComparative study of Sino-foreign product liability laws and damages for product liability is beneficial to improving the legal system of China's socialist market economy , and protecting the legitimate rights and interests of not only customers, but also manufacturers. Moreover, it can enrich the legal liability theory, thus making our product liability law more scientific and standardization.The paper that studying the development of product liability legal regime of various countries, the verification of product liability, the principal, scope and amount of damage compensation, is of great significance for profiting from the developed countries' legislation experience and consummateing China's product liability legal system.This paper contains five parts, in addition to the introduction and conclusion. The first part is for the product liability identification and compensation system, which mainly focus on the changing and development process of the product liability in the western developed countries and China between the twentieth century before and after entering the twentieth century. The second part refers to the study of the legal elements of the responsibility for product liability identification and damages. And it introduces the defects of products, illogical danger, damage in deed, the causality of defects and the damage consequence, and the three principles (strictly, fault is, fault-presuming) of product liability for damages. The third part traverses the laws of product liability verification and damage compensation in different countries and regions which mainly related to such laws in the U.S.A,Britain, Germany and Japan. The fourth part makes researches on the product liability legal system in China. This part offers the study about the influence of the product liability on basis of current status of China, and the differencesof the product liability verification between China and western developed countries, such as environment, time, using scope and so on. Moreover, it also studies the differences of damage compensation in the following respects like social credibility, intermediary institution, excessive vindication, product liability insurance, etc. The last part proposes legal suggestions for our present legal system of product liability in competing and collaboration of responsibilities,explicit the standard calculations of compensation etc.
Keywords/Search Tags:product liability, responsibility verification, damage compensation
PDF Full Text Request
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