Our Market Share Rules Of Tort Law Research

In recent years, the main unknown scale infringement cases have occurred, mainly on how to solve such cases imputation unknown, shared responsibility, and litigation mode and timeliness of legal analysis; learn the rules of the U.S. market share theory based on conceived of tort law should build market share rules, and then to solve such cases. Market share rules established not only improve the relevant system of China’s Tort Liability Act, also can help the victims as much as possible to make up for the loss suffered, and an appropriate balance between the interests of enterprises, minimizing in vain responsibilities may reduce the burden on enterprises, and even the impact of the industry as a whole. Market share rules not only provide a relief route for the plaintiff, but also the balance between the interests of the plaintiff and the defendant, so as to promote social harmony. This paper mainly use the following method:case analysis methodology、synthetic generalization and comparative analysis method. First analyzes the DES case with melamine case, and analysis the U.S. market share rules on the judicial and legislative; Secondly, comparative analysis of China and America in tort law applicable market share rule condition; finally this article draws on lessons learned in the legislative and judicial practice of the U.S. market share rules, based on the problems faced by the market share rules established in China’s Tort Liability Act, put forward to build China’s market share with the relevant system design. Of this study include the following aspects:The first chapter provides an overview of the need to build the reality of the rules of origin as well as rules of the market share. This chapter briefly by the DES cases of melamine while to point out the practical needs of our tort system to introduce the rules of the market share.The second chapter mainly analysis the basic principle of market rules, applicable condition, principle of rules and the burden of proof.Chapter Ⅲ of the U.S. market share rules in judicial, legislative legal analysis, and the revelation of China’s Tort Liability Act establishes the rules of the market share. The fourth chapter pointed out that China’s tort law rules exist for the plight of market share, in reference to the United States of America related legislation and judicial experience and combining with the specific situation in China, puts forward legislative assumption.