Font Size: a A A

Study On The Market Share Liabilityof The Responsibility Subject Of The Defective Product

Posted on:2015-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:Q DuanFull Text:PDF
GTID:2296330431986144Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of economy and the same standard products increased, thedefective products infringement disputes large emerging, the current legislation of ourcountry has no law on solving the large-scale defective products tort cases, whichmaking a large number of victims can not obtain relief. In order to balance the victimand the defective product producer interests, solving the defects of product infringementcases caused by the dispute, to construct the solution of China’s large-scale defectiveproducts tort law brook no delay. Through careful analysis of market share liabilityprovisions America case and the restatement of torts, the author elaborated China’sdefective product market share responsibility for the necessity and feasibility, andconstructs the specific provisions of market share liability is compatible with thesubstantive law and the procedural law. Specific provisions in our existing legal systemand practical experience to build market share liability provisions in China based on thepaper, mainly divided into four parts to be:The first part: it mainly elaborate "defective products" and "market share liability"specific meaning, two basic theories of market share liability and Common riskbehavior responsibility and theoretical basis of the market share liability.The second part: American established market share liability, by precedent thereafter,passed the restatement of tort law makes the market share liability has been used morewidely. Practice has proved that the case USA, market share the responsibility to protectthe interests of vulnerable groups, to achieve the balance of interests between theproducer and the victims of defective products.The third part: from the view of our practice, given the frequent such cases but norelevant legal provisions of the situation in China,this part study the application ofmarket share liability necessity, with the existing law substantive law, proceduralaspects of the compatibility, practice three aspects to elaborate the feasibility ofapplication of market share liability.The fourth part: through the demonstration of the first three parts and discusses thespecific provisions, this part of the construction of applicable requirements of marketshare liability of defective products,first through USA case and our practical experiencesummarized the conditions; secondly, the "market" and "market share" by explaining,clear defective product producer the burden of proof; again is clearly defenses, innocent producer was not liable for compensation and other defective products producerresponsibility; and on the amount of compensation allocation regulations, to solve theproblem, how to and amount of compensation at last, litigation procedure, theprovisions of the limitation of action and group litigation reflects the interests of victims,the greatest degree of the purpose of.
Keywords/Search Tags:Defective Product, Market Share Liability, Common Risk-Behavior Responsibility, Market Share, Group Litigatio
PDF Full Text Request
Related items