China's Product Quality Responsibility System Of Perfect

"Our product quality improvement and perfection of the responsibility system," a text, through the theoretical basis for the responsibility of product quality, our current legal system, problems related to the Analysis of combined legislative experience abroad, related systems and their development needs of China's market economy on the quality of our products form of liability and the imputation system, a sound basis for the principle of the system and its recommendations were analyzed and demonstrated. This paper mainly consists of the following three parts:The first chapter is to outline the nature of the product quality, the theoretical basis of the responsibility system introduced first section introduces the meaning of the product and its legal characteristics, and on the conduct of States to compare product definition, and clearly defined the scope of our products defined. SectionⅡdescribes the theoretical basis of product quality and liability. On the one hand the responsibility of product quality compared with the related concepts, which more clearly the responsibility of product quality connotation and denotation. The first is quality of products liability and product liability comparison by comparing the conclusion:product quality, product liability responsibility is with the concept of including a comprehensive concept, product liability is the responsibility of product quality, one of the elements. Also come to know, I have to look at product quality and civil liability, including product liability and product quality defects liability two ways. In this paper, for which the product liability issues related to conduct some research. Second is the quality of products liability and defective product recall liability compared to the same for the two points:from the legislative intent of speaking, are designed to protect the legitimate rights and interests of consumers, safeguarding public safety, public interest and socio-economic order; 2 kinds of system, the basic concepts and categories such as product defects, the types of product defects, product defects identified standards are common; in obligation to the way the two have repaired, replace or return and so on. The difference is mainly reflected in the identification of defects are different; whether there has been damage to the requirements are different; accountability in different ways. Finally, quality of products liability and punitive damages liability compared to punitive damages liability and responsibility for the link between product quality, there are two:First, liability for punitive damages based on product quality is the prerequisite for the existence of liability, only in line with Elements of responsibility for product quality in order to request punitive damages, and second, the amount of punitive damages liability and product quality, have a certain relationship between the amount of compensation. U.S. court held that punitive damages should be limited to its make and due to product quality and liability arising from a reasonable amount of compensation has some relevance. The difference lies in setting different purposes; the amount of compensation are different; both the composition of the different elements. Next, the performance of the quality of products liability form is discussed, product quality, product quality, civil liability is the breach of obligations to be borne by the civil legal consequences. In addition to civil liability, including product quality, product liability, but also includes responsibility for product quality defects. Quality of administrative responsibility is the violation of the Product Quality Law of the units or individuals should bear the legal consequences of the administrative nature. Product quality, product quality refers to violations of criminal law, criminal acts that constitute a person must bear the consequences of criminal law. Punitive damages in common law system is a universal legal relief system is defined as a way to punish the defendant granted the plaintiff exceed the actual loss of damage, usually applied to the defendant intentionally or gross negligence situation. In our country, punitive damages made it clear that the provisions of recognized punitive damages provisions of the law is "Consumer Protection Law" the provisions of Article 49; "Contract Law" Article 113, paragraph 2, of the requirements; Supreme People's Court issued a "contract for the sale of commercial housing dispute cases on the trial a number of issues the law applicable to the interpretation of Article 8, Article 9; and the latest relevant provisions of punitive damages is to reflect the June 1,2009 implementation of the "Chinese People's Republic of the Food Safety Law "article 96, paragraph 2. Finally, about the quality of products liability discussion of the theoretical basis. In product quality liability theory, the determination of causation is essential. Causation refers to the product defects and the damage suffered by victims of the causal relationship between. Product Liability Law of cause and effect relations, though with ordinary tort law of cause and effect relationship exists in common, but it also there is a certain degree of particularity, there are some special rules. Because areas of responsibility in product quality, how to identify a product defect, product defect has caused damage to the occurrence of extremely difficult, In addition, the product from production to sales and finally reach the hands of consumers before the flaw in the process what appears in the Which part of it is difficult to identify, for the victims of such situations can be protected, there are some causal relationship between the new rules are created, that a better solution causation effective method to determine the problem. Mainly in the following three kinds of view:the rules of probability of causation, causal relationship between the decision rules of the market share (market share of responsibility), "reasonable predictability (predictability)"principle and the" intervening causes "issues. Through exposition, we know that one of the rules of probability of causation for the rise of more recent identification of causal rules, mainly applicable to product liability, environmental pollution and damage caused by the fields is the theoretical basis of the principle of presumption of fault; market share in the decision rules of cause and effect relationship between the theory of reverse burden of proof foundation; the principle of reasonable foreseeability and intervening causes is the theoretical basis for product recall system. This chapter deals primarily a product of the theoretical basis of quality responsibility system, which mainly include the concept of product characteristics with the law defined; national comparison of the product definition research; product quality, responsibility and product quality, defective product recall liability, punitive damages, a comparative study of liability; and discusses the theoretical basis for the responsibility of product quality:the rules of probability of causation for the more recent identification of causal relationship between the rise of the rules, to a fault the theoretical basis of the principle of presumption; market share in the decision rules of cause and effect relationship between the theoretical basis for reversal burden of proof; the principle of reasonable foreseeability and intervening causes is the theoretical basis for product recall system, solve these basic problems, in order to further discussion on this basis The following questions.ChapterⅡdiscusses the main responsibility system of China's product quality and Analysis System. Mainly from the quality of our product liability system of Discrimination and our product quality, to impute responsibility to the principle of two aspects of Discrimination Analysis. With regard to the quality of our product liability system, Analysis of the system, mainly from defective product liability and punitive damages Analysis System Analysis. In China's product quality to impute responsibility to the principle of Discrimination, the main principles from abroad, An Analysis of Product Liability and our product quality and Analysis of the principle of liability rules. The existence of defects in our products, first major shortcomings discussed the general standards and specific species identified in China in this regard, followed by some of the theories and rules. China's current product defects identified standards, at this point, my main take "unreasonable risk" standard and production standards, also known as the national compulsory standards. Followed by the fact that the existence of the damage, mainly including personal injury, mental damage, property damage and punitive damages in these areas. Finally, defective products and damage the causal link between the facts. SectionⅡdiscusses the main attribution of the principle of product liability. First discussed the foreign products, to impute responsibility principles, including the Product Liability Civil Law principles and common-law principle of Product Liability, then discusses China's principle of product liability provisions of the rules, the main analysis of a moment of our products the responsibility of the legislative status quo, the principle of China's Product Liability theoretical differences and the principle of China's Product Liability legislative deficiencies. This chapter, the responsibility system by the responsibility of product quality, the form and principles of attribution as well as our responsibilities on product quality, discussed the status of legislation, recognizing the defective product recall system and the punitive damages liability system in the regulatory aspects of product quality, legislation has a decisive role, but also to see our country in these areas formed on the lack of style and see the need for the establishment of the system. So as to refine the legislation of China's lack of requests.The third chapter is mainly theoretical analysis in the previous chapter, based on the attempt to deal with the responsibility system of China's product quality improvement and perfection. With regard to the quality of our product liability system, improve the connection, I propose the recall of defective products not only to build the system, on the one hand to expand product range to recall the other hand, monitoring the integrity of legal mechanisms. Would also like to build a system of punitive damages, punitive damages clearly the scope and the amount of punitive damages limits. In the quality of our products on the principle to impute responsibility to improve the area, I propose should be taken to the presumption of strict liability and fault of the principle of combining, market share, would like to add the principle of Product Liability rules with the principle of product quality. Through the first two chapters, in absorbing and drawing on foreign legislation and the reasonableness of the Department, as well as with China's specific national conditions, the author points out that while improving the quality of our product liability system that embodies aspects of the proposed:With regard to the quality of our product liability aspects of the system improved build defective product recall system and punitive damages regime; in our product quality, to impute responsibility to the principle of sound, the presumption of strict liability and fault combination, as well as to establish a market share of the principles of Product Liability as a supplement as a way to improve the China's product quality responsibility system, legislation, and better guide the further development of the market economy.