Research On China's Legal System For The Products Liability Insurance

Product liability insurance is a kind of special coverage,which belongs to the liability insurance and originally was produced and developed in the European and American countries.It has developed nearly 30 years in our country,the research on the theory of product liability insurance is still on the basic questions,there are still gaps in legislation in the system.With the increasing number of domestic insurance companies,claim disputes related to product liability insurance become more and more,the lack of theoretical research and the gaps in legislation have bro ught great obstruction to the development of product liability insurance legal system in our country.From the perspective of empirical research,this article collects a total of 33 cases related to the product liability insurance from 2008 to 2015 announced in the Judicial Opinions of C hina,through analysis and comparison of the judgment result about the case and the overall judgment,it finds the products liability insurance in the judicial practice also faces many problems in our country,for example,Direct claims of the third person are difficult to apply in the product liability insurance,the amount is low and excludes from the application of the punitive damages,etc.Combined with the United States and Japan's experience in the development of the product liability insurance legal system,the sixth chapter puts forward that to perfect the product liability insurance legal system in C hina,we should first clear the development of product liability insurance law system in C hina is voluntary,not mandatory,under the guidance of the government,we should adopt measures to encourage the insurance companies and production enterprises;Second,as the development of the product liability insurance based on the improvement of the legal system of product liab ility,the later two parts are developed from perfecting the legal system of product liability and product liability insurance legal system.O n the product liability law system,given the current product liability legal system in our country has not been established,we should improve the product liability law system as soon as possible,improve the application of the punitive damages in the legal system,and clear the criteria of product defects.O n the legal system of product liability insurance,the scope of product liability insurance claims,punitive damages belong to the scope,the contractual relativity of product liability insurance and the limitation of reducution on the third person direct claim should be cleared...