Study On The Legal Issues Of Foreign Product Liability

With the formation of world economic integration, the world has become a huge commodity market. China is the world’s first big producing country, can all be found China products almost every country on the market. At the same time, China is the world’s largest consumer market, from around the world converge in China commodity. Foreign exchange and trade increased inevitable disputes concerning the liability of foreign products, and more and more complicated. Different from the case of domestic product liability, the liability of foreign products to producers and consumers in different countries, and puts forward new requirements on product liability legislation and judicial practice in our country.Throughout the world, laws of product liability in China is not perfect, the product range is narrow, the national industry standard, low defect identity is not clear, the principle of imputation is not perfect, the compensation scope is small, the amount is low, there is a big gap with the international advanced legislation, resulting in foreign trade, Chinese products are often identified as defective products by all countries, trade barriers, which seriously affects the development of our country and export trade. In addition, in the case of foreign product liability in our country, infringement of the rights and interests of consumers of products is usually will be sentenced to bear huge compensation, seriously affect the production enthusiasm, and the consumers of our country is under foreign products infringement can only get low amount of compensation, unable to obtain the protection strength equally with other countries. Under this background, this article conducts the research to the problem of application of law concerning the liability of foreign products, improve product responsibility legislation, guarantee the sellers and consumers, legitimate rights and interests of the producers in China, the development of China’s economy of the products.This paper is divided into five parts:the first part mainly elaborated the selected topic goal,the significance, the domestic and foreign research situation, research content. The second part analyses the basic concept of the liability of foreign products, and analyzes the foreign product liability elements, properties, characteristics, preparation for the following research.The third part from the product range, defect, the principle of liability, damage compensation and other content to analysis the present situation of the product liability entity legal norm of our country, and points out its existing problems. The fourth part from the basic theory of law of international product liability applicable before, to our country "law" the relevant provisions of the applicable law to carry on the analysis, the author points out the problems of. The fifth part is on the basis of the study above, for the third and fourth part of the question, proposed the solution in the condition of sufficient learning foreign advanced legislative experience of the.