Study On Law Liability Problems Of The Defects Of Product Design In Our Country

The definition of the defects of product design is:the design of the products have unreasonable risk, it is usually the fundamental factor which cause the latent danger, caused by the mistake of formula,prescription,principle and structure design.Adopting the Comparative analysis method, this article compares and analyses the classic cases concerning design of the defects in America, then contrasts them with the relevant cases in our country, then finds we lag behind so much in recognition standards, liability doctrine, exemption of liability and cause relation. At the aspect of recognition standards,we mainly adopt the fault-presuming and dual responsibilities as the principle of product design.About exemption of liability besides the normal exemption, we lack of the exemption the plaintiffs fault,the middlemen's exist and so on. In liability doctrine and cause relation, we have a better development in theory, but we cannot solve them well in practice. Although the newly promulgated tort law has made some efforts in it, these efforts are far from enough. The defects of product design is not a new issue in the field of product liability law, at the same time, it is the most important and complicated issue, Especially in our nation.Therefore, the article refers to some theoretical findings of America, and integrate them into our product liability law, clarify our country recognized standard on product design defect, perfect the design defects in China liability doctrine, improve the exemption of liability and cause relations, analysis our country product post-sale warning obligations, combining them with the practical national condition, which promotes the perfection and systematization of our product liability law.