Product Liability System Research

Product liability system is a special tort liability in the tort liability system. In a period that economy develops so fast, product innovations and technology enrich life while defects damage that inflicted to people have increasingly diversified and complexed. Product liability is becoming increasingly important in judicial practice. Although there are some relevant legal provisions, product liability system in China is not sound on the whole, compared to Europe and the developed countries. This article intends to research on several problems with considerable academic debate.First, to make a general analysis on the concept, the nature and the subject of product liability. Make clear that the product liability belongs to a special kind of tort liability, and make comparative analysis with the product quality responsibility to avoid confusion and misunderstanding on both definition. On the basis of the foreign law, to make clear and expanded the subject of qualification product liability's right and obligation.Second, the analysis of the essential elements of product liability. Constituent elements of the main product is defective, damage facts, and the cause-and-effect relationship between the two. This article analyzes from the angles of defects and flaws, disqualification damages ,and the differences and relations between both of them, whether the fact contains the contents of mental injury and property damage, causality controversial aspects such as what theory explains and so on. Third, in-depth analysis on the product responsibility imputation principle. Through the comparison on the system of Europe with the United States and the conclusion of China's existing laws, this article set upthe principle of strict liability and responsibility imputation principle on China's situation , at same time,further improved a number of suggestions.Finally, the author made development prospects on the product liability system with a view to further protect the interests of consumers and users of the product, so that it will really reflect the balance of production and consumption and consideration of productivity and fair.