On The The Producer Product Liability Defenses

Under the market economy, people pay more and more attention to protecting the rights and interests of consumer. As to producers, their rights and interests should not be ignored, too. The product liability defenses of consumer rights as the balances, in legal fair, reflect efficiency, order and other major value concept of in the meantime, to enhance the consumers to protect consciousness also has a positive meaning. On the analysis of domestic and international legislation and the basis of main academic views, this paper elucidates the tort liability law in general defenses in product liability in the field of specific effect problem. In the affirmation "victims himself exists fault" and force majeure can serve as defenses, meanwhile it also eliminates justifiable defence and emergency as defenses possibility, and for "the third person causes damage" as the feasibility of these justifications according to different situation is analyzed respectively. In product liability method in this paper producer each of these justifications rationality and suitable conditions, this paper affirms the "defects may be caused by parts maker, raw materials supplier following producers design, instructions" as the rationality, and defenses to development risk as the rationality of defenses made questioned, consider it suitable to serve as defenses. In denied producers will "product defects in accord with the government issued the mandatory provisions still cause damage" as defenses at the same time, for compensation producers losses are proposed. Finally, according to our country in producers defenses legislation shortages, and puts forward some specific improvement suggestions.