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The Product Liability Tort Liability Law

Posted on:2013-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:D MiaoFull Text:PDF
GTID:2246330374479879Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Product liability legal system is to adjust the producer and sellers because its offer products with defects, cause the consumers’ personal or property losses to the victims and shall bear civil legal liabilities of legal system. This article from the basic theory of product liability, products liability to the meaning, characteristics is expounded, the product liabilities and the liability for product quality, contract the responsibility and product liability law and the relevant laws of the relationship of distinction. On this basis, using the related theory and the method of comparison, for the United States and the eu product liability law system of historical development and basic content analysis, on the foreign legislation and judicial practice of reference, the contrast of products liability in our country legal system present situation, find out the deficiency, and puts forward some improvement Suggestions.An introduction, which is the question, the western countries laws on the product liability regulations has been for several hundred years history, development to modern is more mature, and the legislation of products liability in our country started late, that is not mature, in recent years happened a few up the responsibility of foreign products case more show improvement of products liability in our country. In the economic globalization process and the rapid development of China’s WTO entry into the world economy continues to accelerate the pace of the situation, the western experience, perfect products liability in our country legal system has been become the urgent matter.The first part of the basic theory of product liability, mainly expounds the product liability of the concept, nature, product liability law meaning and the product liability law and other relevant laws of the relationship, the second part of the product liability in the practical experience of foreign countries for reference, mainly expounds the United States and European countries are the main European product liability "instruction" about product liability regulations.the third part of the product liability in our practice, mainly discusses the legal system of our country product development, establish and its basic contents. the fourth part for the legislation of products liability in our country’s suggestion, in contrast to learn foreign mature product liability system, and on the basis of the legislation of products liability in our country to find out the problems existing in. and the experience of other countries for reference, pertinently put forward the improvement of the legislation of products liability in our country Suggestions.Conclusion clarify product liability on the protection of consumer rights and national economic development, the importance of our country in the accession to the WTO, we should do more to learn from western countries advanced legal system, further perfect our country product liability system, to protect the legal rights and interests of consumers, promote the economy of our country the sustainable and healthy development.
Keywords/Search Tags:Product Responsibility, Tortious Liability, Principle of Imputation PunitiveDamages
PDF Full Text Request
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