Research Of Product Liability Legal System

With the development of industrialization and social economy，consumersrelatively producers，sellers，in a weak position，product liability become anincreasingly prominent important legal issues.Western developed countries to set upthe product liability law of this adjustment，strengthen consumer protection，balancing consumer and producer，sales of both those interests. In China，with thedeepening of economic development and modernization，product liability issuescontinue to emerge，the product liability law become the objective needs of socialand economic development.However，inspection of product liability legal system，there are still many shortcomings.Improve our product liability legal system，consumer protection for the healthy development of the economy and society aresignificant.Based on the above understanding，the topic of this article focusing on productliability，the use of comparative analysis，case studies， historical analysis and othermethods，attempts to analyze product liability legal system related concept，attributable to the nature of product liability，product defects，product liability thebasic principles to sort out the problem，analysis， discussion and comparison ofthe relevant legislative systems combine home and abroad，analysis，reflection，inorder to clarify some theoretical knowledge，raised some relevant improvementsuggestions. Article text is divided into four parts:The first part is an overview of product liability. This part of the definition ofproduct liability，the nature，characteristics start to the basic concept of productliability have a preliminary introduction. Turn right and product liability-relatedquality of legislation on liability，product warranty liability were compared，pointingout the differences between them; on the constituent elements of product liabilitywas discussed，and the development of foreign product liability elaborate andcontrast.The second part is comparing national product liability legal system. In thispart，from a defective product，responsibility principle and the damage compensationsystem in three aspects，the method of comparative law on the development andcurrent status of the United States，Britain，Germany，France and Japan productliability legal system were analyzed and compared. and from which to review andsummarize，on the basis of our existing product liability system，the demonstrationof the system to improve its referential significance and value. The third part is the product liability legal system and its problems. Thissection is divided into two sections，one of which is the identification of defects inthe product standard，the relationship between the main range of product liabilitylaw，damages，responsibility principle and exemptions five aspects of the status quoof China’s product liability regime of systematic and comprehensive summary andanalysis，and the second is for the definition and scope of product defects identifiedstandards，products，and damages and put forward the existing problems.The fourth part of the legal system of product liability Some improvementsuggestions. Our first proposed product liability product liability legal system shouldbe expanded product range，intelligence products and blood products or preparationsto be added to the product range，and better protect the legitimate rights of thevictims; secondly that standard should improve product defects，which including there-definition of product defects，learn from foreign practices，defective productswere applied to classify and identify specific criteria; Finally，it should improve thesystem of product liability damages，compensation is still perfect from two aspectsof punitive damages and mental damage.