A Study On European-american Product Liability Law And Its Legislative Reference To Our Country

With the development of the process of economic integration,international economic and trade have become increasingly frequent, theflow of products is no longer limited to certain countries and regions,cross-product liability conflicts also increase sharply, many countrieshave got different degrees of attention and application on the theory andpractice in product liability laws. But our country started late on thelegislation of products liability, it is in the1980s that we began todevelop a series of relevant laws and regulations. At present, there’relots of shortcomings in the regulations of Product Liability Law, weshould better improve it in time.In this thesis, in order to make a research for compare the differenceof product liability law between China and developed countries, the authorwould use the comparative methods. Through the comparison in these fourareas, the scope of the application of the products, the liabilityprinciple and the extent of compensations, the author would try to findout some defects in the product liability laws of China, and the authoralso would try to make some advice for completing them, make somecontribution to them.In addition to the introduction and conclusion, the article can bedivided into four parts:In the first part, the author define the concept of product liability,clear the nature of product liability by proceeding from the concept ofproduct liability, then describes the history and developments of theproduct liability theory. From the study on changes and developments ofproduct liability theory, we could find the law of the developments ofthem, and then find the scientific evidence for establishing and completing the sound and perfect legal system of product liability forChina.In the second part, the author makes some system research in productliability legislation system of developed countries, including thedefinition for the range of the products, the compensation of productsliability and principles of imputation. On this research, we could findout the differences and defects in China, the make the good reference forlegislation for our county.In the third part，by analyzing the present environment and conditionof legislation on products liability in China, the author makes thediscussion on the legislation system, the range of the product, hecompensation of products liability and principles of imputation ofproduct liability laws in China, and combining what was said in the secondpart, do some system analysis on the legislation, lay the foundation forthe later analysis and advices.At last, in the fourth part, through the mature experience from Europeand the United States Product Liability Law, put forward some suggestionsto solve the problems of product liability legal system in our country.After all, in order to make our product liability legislation morestandardized and scientific.