The Discuss Of Perfection Of Exported-product Liability Insurance System

With the integration of world economic and trade, especially the economic and international trade has developed rapidly and (at present, China’s total foreign trade scale has reached＄1422.1 billion, and become the world’s third largest trader and the second largest exporter) our manufacturers or suppliers from overseas is playing a role of product exporters, and the international lawsuit about product responsibility keeps growing. For the reason of our legislation of product responsibility is relatively felling behind, that makes the domestic producers stay in passive situation that they are unable to diversify the risks Therefore, how to make our country producers, sellers being able to diversify its risks, is an inevitable and important issues that our economic development and the legal system has to solve. the exporter’s product liability insurance is certainly a effective solution to this issue. Product liability insurance product is the responsibility to stage an inevitable result. to protect consumers’ legitimate rights and interests of producers and sellers, are the risks are have played an important role, in the world. But the present market share and growth rate of export product liability insurance in are far below the level of developed countries and the average world level, how to accelerate the export product liability insurance development and improve its institution is currently the insurance industry issue the insurance industry is facing. For the above reasons, this article is trying to make use of the developed countries’s experience of product liability insurance, in order to analyze the present situation of existing problems in china export product liability insurance development’s and its current existing defects, and also make some tries and develop some explores to the countermeasure of the above issues. And finally point out some preliminary suggestion to the legislation of our export product liability insurance.In addition to the introduction, the main context of this article is divided into four parts to describe the export product liability insurance system:The first part is going to discuss the product liability legislation basic theory. In this section, it is focused on positioning the concept and the nature of the product liability insurance, and expatiated the development history on the principle of product responsibility, and its development in our country. In our opinion, the product liability insurance is a coverage of product responsibility, it is a legal concept, to legally take the redemption responsibility of the producers or sellers if the product coursed the consumers, the user or third parties that injuried or suffered property losses due to the defects, the accidents existed in the period of consuming and using the products. Product liability are specific legal provisions of the product of man and the responsibility of the legal system is very necessary.The product liability legislation is to adjust the relevant product manufacturer and seller and the consumer legal norm of the infringing act collectively. the main features of:firstly, it is the responsibility for products of the person or property damage, not including the product itself damage; second, it is primarily to adjust any contracts of the responsibility of the infringing act. The product liability of the nature of the judgment is to define the principles of the first step. Product responsibility of what is the contract or tort liability for breach of, or the same time.I think, to strict legal sense of responsibility is independent of the contract responsibility of a kind of tort liability, it was caused by defective products, consumers or third person or damage to property damage, the product or for the maker of the seller must bear the liability for compensation.The second part explore and the foreign product liability insurance and system of rules. nearly thirty years, the product liability insurance in north America, Western Europe, Japan and other countries and regions have developed rapidly, increasing rapidly. The countries of the product liability accident damages legal system, the claim that, in the insurance need to be issued as different. the number and value the claim settling, indemnities are the most of the united states, the western Europe and Japan. The responsibility of the legal system is the world’s most severe and its products liability accidents adopted the principle of strict liability principles and high compensation for the product liability insurance for the most developed countries, domestic products need to cover product liability insurance, and all kinds of products exported to the united states must also cover product liability insurance. But in the product liability insurance for development process, the principle of strict liability absolute and the united states special legal system includes (lawyer and a jury system) large product liability of the claim settling everywhere, the producers and consumers and the interests of the balance, the insurer of insurance market competition and the 1970s and 1980s the united states had that responsibility insurance crisis. In some, even the insurer shall not dare to provide product liability insurance, if available, it is also being premium is surprisingly high, on product liability insurance system proposed test.The third section analyzes the country’s exports of liability insurance system and its defect. our product liability insurance for the scale and effect cannot meet the rapid development of the national economy and growing demand for social development. Our product liability insurance system, laws and our products the responsibility of legislative and not the responsibility for products in principle, all laws and regulations have migrated, in separate law the principles of the responsibilities implicit in the judicial practice to know is not unified. in addition, the relevant product liability laws and regulations of the product liability accident only the principle of compensation provisions, and the difficulties. there is a real-life difficulty. Product liability insurance for the effective supply is inadequate, the insurance company of the power of subjective development, the insurance company for the risk of such business and insurance settlement to the lack of experience, for the part of products such as foodstuffs, medicines, and part in the area covered with caution or rejects them. Enterprises to buy the product liability insurance motives are often the importer and the promotion and effect greater than compensation effects, product coverage for functions in a certain extent has weakened, and indirect product competitiveness. our role is obvious to the product liability insurance policy will not support and advice in time to time be ripe product liability insurance for the compulsory insurance law, should give full play to the economic compensation and social management functions.The fourth part of our product liability insurance system proposed by the existing defects and improve our product liability insurance system of the relevant proposals. our product liability legal system perfect measures:"expand the scope of products; a definite principle of strict liability; of the "; the establishment of a punitive damages product liability legal system. The insurance company within the framework of improved measures:to strengthen the product liability insurance for risk management, human resources management; developing training hybrids; the strengthening of the product liability insurance system building; the strengthening of the product liability insurance management information system. the insurance company in the external environment improved measures:the establishment of a benign competition cooperative environment; credit rating to establish a social system; to establish a regulatory environment, and gradually establish a compulsory product liability insurance system. Product liability insurance and social production and the people’s livelihood, have important social management and security role. to develop product liability insurance, not only to reasonable and try to spread the risk, protection product liability for damages, the rights and interests of socialization, it helps to change the market structure, and the expansion of domestic property insurance market and become an insurance company of the new profit growth. Although the product coverage are all these handicaps development and market share is too low, but ought to see with our economic development, democracy and the legal system, laws of the people and adults was also constantly improve our product liability insurance market is vast potential demand. The insurance industry should be constantly accumulating experience, particularly in the basis of risk management work for the product liability insurance for long-term healthy development. by the insurance industry to create conditions and all relevant parties to implement a product liability insurance business efficiency and social benefit of the premise that our product liability insurance in the near future will be further developed, finally, to practice the operation of insurance companies to manage the equipment to make a few substantive proposal.This method in the interpretation of history, and examine ways and comparative analysis and cases convicted of analysis of this way, except to help the conclusion was divided into four parts of the product liability insurance law theories on a systematic study. For our product liability insurance for a relatively backward theory research, the western developed countries learn about the product liability insurance for the advanced theory and practice and research experience that our product liability insurance laws of the existing problems, our product liability insurance for the need to strengthen and improve the workability, finally, how to make a few of his own opinion, the construction of our exports of liability insurance system do what little I can.