In The Theory Of Harm To Pay Product Damage Relief Measures

When it comes to the self damage problem of the product during the injuring pacare, there is great controversy both in the theory circle and the practice field. The major views are the assembling of right of claim and the theory of concurrent claims. But more and more courts tend to use the Tort Law to protect the self-damage loss of the product, so they adopt the theory of concurrent claims in judicial practices. The assembling of right of claim stipulates that the self damage of the product only can resort to violation liability, so it has the disadvantage of insufficient relief, such as the limit of contract relativity principle, the limit of gather of the violation liability and tortious liability, unreasonable phenomenons caused by "predictable principle", the plight of the procedural law, difficulties in differentiating the loss of product itself and that of real assets. Therefore, we should adopt the theory of concurrent claims and apply the Tort Liability Law to the relief of the self damage of products. However, the application of the theory of concurrent claims should properly solve the following two problems:the division of the Tort Liability Law and the Contract Law; the limit of the Tort law for protection of pure economic losses. With respect to the self-damage relief of the product during the injuring pacare, we can adopt German mode and take different protection mode for rights and interests, that is, adopt general tortious terms to protect rights, regard laws that deliberately defy customs and breach of protecting others as the limit to protect interests, and do not exclude the relief of the Contract Law to the self damage of the product at the same time. As for the difficulty in differentiating the defect product and other assets beyond defect products, we can imitate America’s "integrated system rules", namely if the product bought from the seller is intact, then the product or the system is regarded as an integrated whole and any damage on the product is treated as self damage of the defect product.