Legal Study On The Basis Of Claims For Damages Caused Byproduct Defects

In our country, on the basis of "Product Quality Law" and "Tort Law", the legal relations and compensation based on the damage caused by product defects have formed a basic system. However, a defective product may cause damage to others forming a complex legal relationship,involving multiple legal subjects and producing a variety of legal claims for damages,which will cause difficulties for the parties on the choice of remedy and the basis of the allocation of responsibilities. Therefore, combing related laws, exploring legal relationship and clearing the compensation claims based on the damage caused by a defective product are of great significance for the parties to obtain satisfactory relief.This paper consists of two parts, namely introduction and text. The text consists of the following five components:Part I. Describes the definition and basic types of product defects and define the connotation of compensation based on the damage caused by product defects. Then, discusses the characteristics of this legal relationship which include the diversity of legal subjects, the multiplicity of legal relations and the complex nature of legal liability.Part II. Summarizes the basis of claims for damages caused by product defects in the field of comparative law. Longitudinally analyzes the evolution theory of damage compensation system of product defects in the world’s two legal systems. Meanwhile, discusses the definition of defective products,the basis of the claims for damages,the relation between liability subjects in typical countries and regions, as well as the theoretical changes and current legislation in our country.Part III. Searching and reviewing of the basis of claims for damages caused by product defects. At the macro research ideas, firstly, introduces the thinking path of the basis of claim right theory, namely "find law". Secondly, discusses the necessity and significance of finding the basis of claims for damages. In particular legal relationship, starts from the “damage” caused by product defects, analyzes the nature of the damage behavior, types of damage and the effect of compensation,then explores the meaning of different factors for the parties while making choices about damages.Part IV. The basis of claim right of different right subjects in defective product cases. Deeply analyzes the legal basis for claims of consumers and others and the recourse basisbetween liability subjects. At the same time, based on our current legislation, judicial practice and theoretical discussion, constructs a third person claims path and principles of the recourse basis between liability subjects.Part V. Concurrence of claims for damages caused by product defects and choice of proceedings. Summarizes different situations of concurrence of claims in the cases of product defects. In addition, makes suggestions from the litigant, the judge and the litigation regime aspects to ease the litigation predicament combined with the practice of comparative law and our domestic practice as well as their plight.