Tort Liability For Defects

In recent years，the tragedy caused by defects in our country，the food problemhas been serious damage to our body，manufacturing defects also appeared a varietyof products，car problems emerge in endlessly，in particular，a car is not a componentis more a less， recall has become a kind of abnormal to normal. Under such a severesituation，it is particularly important to research product defects. Therefore，this studybecomes a top priority.Of product defect legal issues research in China starts late，the product defectstheory research is not mature enough，legal regulations still exist a lot of space，for thebasic theory research and system construction is the present stage have to face theproblem. Product defects liability products defect is due to the infringement of otherspersonal rights and property rights and responsibilities in accordance with the law，ourcountry academic circles into various point of view，and so far no unified standard. Atpresent，our country legislation relating to the product defects is continuing toimprove，but we also should see such problems in the current law regulation and someshortage，defects in the legislation unfavorable to protect the legitimate rights andinterests of victims，we need to be perfected. How to solve the problem of defects inthe present stage has become one of the key，legislators consider fundamentallyrestricts the producers and sellers need to make big change and improve the systemlevel.Product defects is the core elements of product liability law system， itsdetermination and imputation principle is the basis of product liability law system inour country，and product liability law system in our country has not yet beenestablished，regulations for product defects there are many unreasonable places. Inorder to establish and perfect the product liability law system in our country，based onthe comparative study on foreign mature products defect recognition system and theperspective of the latest development trend of imputation principle，and discusses thecognizance of product liability law on product defects and the problem of imputation principle. And finally in the system of its recommendations，to perfect our laws andinstitutions on product defects，solve the problem of product defects from the sources.This article except introduction and conclusion，the text consists of five parts.The first part: the overview of product defects. Is mainly based on the definitionand determination of product defects，basic on the principle of product defects，so asto upgrade to determine the height of the product defects，pointed out from twoaspects of producers and consumers was quoted as saying by the respective standard，finally，starting from the present situation of our country at present，summing up thestandard of our quotes. The department full text is divided into the stage effect to fromthe basic theory of product defect below for product defects caused by variousproblems.The second part: it is specific to the product responsibility，mainly from thedefinition of product liability and constitutive requirements of product liability areanalyzed， concluded defects defects and damages suffered by consumers of the twocomponents of product liability，the research results at home and abroad and theanalysis of the defects and damage causation. This part is to study the importantpremise of tort liability for defects，aims to research the principle of product liabilityand the constitutive requirements，deeply analyze causal relationship of constitutiverequirements，provide effective premise for tort liability imputation.The third part: is the specific resolution of product defects，our country has notyet provided a theoretical basis，the tort law from the United States，mainly inducesthree defects: design defects，manufacturing defects，warning defects. Respectively inthe three defects for specific explanatio，from product manufacturing the first link tothe cause of product defects exist to restore the source of the product defects，therebyto tort liability caused by product defect.The fourth part: enter the specific research part of the problem of product tortliability，respectively，from the perspective of the American tort law，the tort law，the specific composition and imputation principle of tort liability，which leads to thecompensation due to infringement problem，at the end of this part is the combination of the United States，the European Union system to our country product tort system，both affirmed on tort issue in our country has made a certain achievement，also pointsout some problems which cannot be ignored，for the final part of perfecting ourcountry’s law on product defects and system solution for the direction and the basis，this part is the core part of the article，is the precondition of to relief for infringementof elements，the author mainly expounds and analyzes，which lead to effective andfeasible to relief plan.The fifth part: this part is the ending part of the body，is a core part of the articlethe research question is the key to solve the problem，for the product defects，in thispart，the author on the basis of the existing law，puts forward some feasibleSuggestions，in order to be able to better solve the problem of product defects theirown small contribution. This part mainly from the basic to improve defectsdetermination and improvement of product liability imputation principle of existingproblems put forward feasible Suggestions. Only right of product defects that canlegally effective avoid some legal but not reasonable product manufacturing；Onlyunified product defects liability imputation principle，to have products in circulationfield is prohibited.