On The China’s Legal System Of Product Liability For Damage

Since the eighteenth century, with the rapid development of capitalist economy, the social division of labor is increasingly sophisticated, with the rapid development of commodity economy provides people for a wide range of functional products.At the same time, because of the unpredictability of science and technology development and the blindness of market economy, appeared a lot of unqualified products. product liability first appeared as a legal problem in British judicial precedent in the middle of the19th century, then the product liability damages system got great development. From the perspective of consumer protection, formulating the corresponding product liability compensation system is imperative. Since China’s reform and opening up, along with the rapid development of market economy, the problem of product liability are constantly emerging, because our country’s legal system is not sound, the rights and interests of consumers is difficult to get a comprehensive maintenance.This article includes five parts, the first part briefly expounds the basic theory of product liability compensation system, clarify the basic concept and the system of product liability for damages the subjects of rights and obligations, the scope of product liability for damages will be introduced in the part. The third part is a comparative study on foreign product liability compensation system and focus on goods responsibility legislation present situation, such as the United States, Europe and Japan. The fourth part analysis the present situation of our product liability compensation system and the insufficiency, on the basis of drawing lessons from foreign advanced legislative idea and judicial experience, the final part discusses how to improve our product liability damages system, including the legislation system、personal injury、mental damage and punitive four aspects to analysis, in the hope of by strengthening legislation to make a further protection of the legitimate rights and interests of consumers, at the same time, strengthening the enterprise’s responsibility consciousness and safety consciousness, preventing the happening of the product liability accident.