Research On Imputation Theory Of Products Defect Liability

On the basis of current related law of products liability in our country, whenproducts defect appear, production subject shall bear the strict liability. Thisimputation principle leads to the phenomenon that some decision results of practicalcases do not conform to the normal expectation of people looking forward, and itproduced obvious bias for the game equilibrium between production andconsumption subject, adding to the main contradiction between the two sides. In thefield of products liability law, the imputation principle plays a very important andsignificant status, and it contains the fundamental rules of tort liability “imputation”.Although different scholars have different statements, in the aggregate, imputationrefers to that “after the occurrence of behavior its person or object making harm ofothers, according to what kind of rule to make them responsible for this damage” andthis reflects the value judgment of law. Imputation principle, especially in China, isthe most nuclear and important topic in tort law. Because it is not only the guidingprinciples that construct the content and system of tort law, but also the pointer tocorrectly deal with the infringement disputes for judicial organs. With the changes ofthe era environment, this principle is also in the change. Before the time ofindustrialization, the contract responsibility is able to adjust the relationship betweenthe seller and the buyer; in the wave of big machine production, in order to protect theproducer, the negligence liability was applied; with the rise of the consumerprotection movement, the strict liability has taken up a major position. For the currentsituation with more complex product liability, single imputation principle obviouslycannot adapt to the development of the society, and it needs a new exploration. Theestablishment of strict liability is set for manufacturing defect which occurs morefrequently, but it ignores the other types the outside of manufacturing defect. Basedon this, the definition of product defect and its type is the premise condition toexplore imputation principle, in addition to manufacturing flaws, defects in productdesign and after-sale warning can parallel with it. And the boundaries among the three types are not distinct; it is more in need to define the gray area practice casesaccording to its nature, characteristics, and depth accumulation.Through the comparative studies on responsibility system of developedeconomies, it finds that the United States in terms of product liability imputationprinciple is not only staying ahead, but good at thinking change. Either Strict liabilityor negligence liability has its own value foundation, and has its advantages anddisadvantages in different situations; its new product liability belongs to the system,according to the different type for different imputation principle is used.Responsibility system in China is in devotion to protect consumers’ interest usingstrict liability on extreme way, but the effect is poor. After analysis, it finds that: thedesign defects for negligence liability can be avoided the enormous economic lossesin production line redesign. The transition of the burden of proof conforms to thetestified requirement of alternative design, and the features of relative safety ofrequirement in the design contradicts to the rigid requirements exist in strict liability.Positive incentive effect under negligence liability is superior to the perverseincentives under strict liability to producer. Negligence liability applying in warningdefects is fully aware of the behavior of "rationality", which is ignored in the strictliability, and both-sides-accident of warning defects can’t consider just unilateralism,or the producers will have no liability defense. In addition, a demonstration style thatascertaining liability according to the types in the "raising animals’ damage liability"has provided the operability for this idea.Finally, by analyzing the legislation system of product liability system and therelationship between the department law in China, the analyzing the current productliability system in China, it is concluded that the product liability system in China isrelatively backward and lack of innovation. Furthermore, it puts forward reasonableadvice on the improvement of the product liability imputation principle from threeaspects that are the current system amendment, legislative improvement and judicialdiscretion, so that the new system could integrate with the society and achieve theeffect. Eventually, the final view is: the design defects and warning defects ofimputation principle should be from the strict liability to negligence liability.