Revelation U.S.market Share In The Responsibility Of Law

Along with economic development, social progress, domestic cropped up many newproblems, particularly prominent, especially in food and drug safety. Typical cases are"Longdanxiegan event","Melamine milk scandal" and a series of major cases, these caseshave similar characteristics: unknown aggressors, victims of a wide range of difficult toprove causality, large social impact characteristics. Our country in the face of thesechallenges, the program can not find a solution to the legal regulations which onlytemporarily deal with through administrative means. The development process in theUnited States, had already gone through this step. U.S. market share liability law is aneffective program to deal with such problems. This method not only can solve Lack oflegal, but can be a good deal on the status of inequality manufacturers and consumers,taking into account the interests of manufacturers. This paper uses a variety of methods tocarry out a profound analysis of the subject, such as comparative analysis, case analysis,summarized the law. First introduced in the origin and development of the U.S. marketshare in the responsibility of law and explaining its unique content, analysis of U.S.market share responsibility for the allocation of the burden of proof of causality andimportance, and finally through the analysis of typical cases, combined with China’snational conditions, the existence of our country technical difficulties, this paper proposedsolution includes the following aspects:The first chapter describes the origins and development of American law marketshare of responsibility.The second chapter describes the contents of the U.S. market share of responsibilityin the law, while the U.S. market share of responsibility for the analysis of causality andthe allocation of the burden of proof significance.The third chapter describes the status quo tort causation burden of proof at this stageof our products, and an analysis of two typical cases to illustrate our products infringingcausality problems of burden of proof, which establishes the technical difficulties for themarket share of responsibility, propose solutions.The viewpoint of this paper is through the introduction of the United States marketshare liability method, to solve the allocation of responsibility in our country at present theproduct tort to prove causal relationship problems.