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The Development Course Of Our Country’s Product Liability Law In The Recent30Years And Its Future Trend

Posted on:2014-07-17Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhuFull Text:PDF
GTID:2256330401956263Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Since the reform and opening up, our country’s economy has been rapid development, but also brought the issue of product liability. In the face of serious product liability problem, the product liability law arises at the historic moment and in the past30years has made great strides in development. But because our country’s product liability law is established relatively late, it still shows insufficient in many ways. Since people began to pay more attention to the product liability problem, many scholars researched the product liability law and put forward a lot of improvement suggestions. But these studies only for one single law or one specific system, lack of comprehensive understanding for the development course of our country’s product liability law. So there are some inevitable omissions in the understanding of the law and how to improve the law.Nearly30years our country’s product liability law grew out of nothing and developed from simple to complex. Through enacted the "General Principles of the Civil Law","Product Quality Law", the "Tort Liability Law" and other laws and regulations, our country gradually build up product liability law system and made breakthroughs in it. Especially the regulations of products damage compensation, tracking observe obligations and punitive damages in the "Tort Liability Law" promote our country product liability law took a big step forward. These major breakthroughs reflect the value of our country’s product liability law target has two great transformations, gradually changed from simply safeguard the interests of consumers to balance the interests of producers and consumers. In order to realize the goal of balancing of interests, the legal pragmatism idea, risk prevention philosophy and punitive idea begin to integrate in traditional tort liability theory, and be reflected in the specific institutions. They indicate the future trends of our product liability law. So it is very important for improving our country’s product liability law to perfect product liability damages system, tracking observe defects rule and punitive damages system and so on.
Keywords/Search Tags:product liability, development course, future trend
PDF Full Text Request
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