Research On Product Tort Liability From The Perspective Of Procedural Safeguards

The value of the substantive law can’t be achieved without thesafeguard of judicial procedures and the substantive law will be furtherreviewed by the dynamic process of judicial procedures. Provisions onproduct tort liability in “Product Quality Law of The People’s Republic ofChina” and “Tort Law of the People’s Republic of China” lay a foundation forproduct tort liability system. Respective provisions in chapters specifically setfor product tort liability inject new life for accountability system of producttort liability in China. However, on the whole, legislation of product tortliability in China bears the characteristics of strong principle, poor operation，and rough description. As a result, incomprehensive substantive legislationwill definitely exert negative influence on accountability system of producttort liability in China and make the legislative purpose of “Product QualityLaw” and “Tort Law” unrealized. Thus, only by analyzing product tortliability system from the perspective of procedural safeguards, can thesubstantive law be ultimately applied in courts and the value be realized ineconomic life.