Research On The Application Issue Of Article 41 Of Tort Law

Consumer benefits protect is becoming a hot topic, in both social life and media,especially in such a consumer sovereignty time. According to the circumstance,the Tort-liability Law also taking consumer-protect as its value and product liability is regulated in chapter five. Until this we’ve already constructed our product liability system, and the whole system include Product Quality Law,Food Safety Law,Drug Control Law and some related articles of Consumer Benefits Protect Law. In these laws the chapter of product liability in Tort Liability Law is playing as general rules,so articles in this chapter is abstract and need laws mentioned above to cooperate with them.Article 41 of Tort Liability Law is known as strict liability, but too abstract to practice. So if we really want this article to work on, we have to solve the following issues:How to explain the meaning of the word "harm"? What should be the appropriate standards for judging different product defects? Which part of evidence system should be changed? Analyzing above questions and finding suitable road to answers. Hoping such work can contribute to easing victims’ economic burden, achieving the value of protecting consumer and promoting the product liability system to be more perfection.