Research On The Product Liability In The Tort Law

In nineteenth Century, British came up with the product liability as a legal question in their judicial precedent for the first time. For over one hundred years, with the development of industrial society and the progress of science and technology, the consumer’s consciousness of rights safeguarding have become increasing stronger and stronger, especially the importance of public security is growing concerned by the people, product liability has experienced from contract liability to the tort liability, fault liability to strict liability, so product liability system has made considerable progress. However, the product liability system is in the exploratory stage in China,, the relevant legislation is far from perfect, especially in the provisions of tort law, academia, this is considerable disagreement, even in some areas is still little research. academic circles have great differences, and even there are still few research in some areas. So the paper will discuss the subjects of the product range, product defects and product liability so as to provide the support and advice for the improvement of the product liability system.The system design is in a certain range and under certain preconditions, only by apply the correct object, can it show the unique value. The product range is the scope of application of the product liability system, the defect of the products is the precondition of application product liability, liability of the subject is the product liability applicable object, which logical links is the main line of the product liability system. In view of this, product liability is discussed in five parts as follows:The first part is an overview of the basic theory of product liability. First, This section discusses the concept and the theoretical development of product liability. Second, by studying the principle of Product Liability, which specify the framework and the basic premise of this article, that is, the subject of product liability apply the strict liability.The second part is to define the range of products. This part of the first will study product range by comparative law. Then by a number of specific cases, we can analyze the scope of the product. At last, it points out that the broad definition of the range of products:primary agricultural products belong to product, Electric partly belongs to the product Intelligence products partly belongs to the range of products.The third part is the analysis of product defects. This part of the first expound the product defects at an angle of comparative law and summarize the provisions on comparative law. Then it discusses the standard and the type of product defects, which points out some of the deficiencies in product defects of our country. Finally we can draw a conclusion that we should apply different standards of product defects according to the type of product defects.The fourth part is the main responsibility for the legal status of argument. First, the paper cited the relevant provisions of the United States and the European Union, and then analysis of its reasonableness. Second, on the analysis of the theory of liability subject. At last, we study on various types of main legal status. And then we come to a conclusion that defining the legal status of the subject product liability should grasp the principle of one basic ideas and the two criteria.The fifth section presents a number of recommendations of perfecting product liability in China. The first is to deal with the range of products for a broad definition. Secondly, we should establish a sound system to identify the defects. Finally, the responsibility subject of relationship between external and internal should be separate regulate. we should expand the scope of the first responsibility subject in the external relations and expand the scope of the right of recourse in the internal relations.