| The article 45 of Tort responsibility Law of China establishes the defensive claims in Product Liability,while only a general rule,no specific provision about the claim right's established condition is mentioned and also does not have a complete set with requested entity.So the infringed cannot determine whether their rights should be relieved and how to do that.As a result, the defensive claims in Product Liability are not able to play its proper function.Based on the above problems, this paper devotes to making a research on supporting system of the defensive claims in Product Liability, the article will be divided into the following four parts:The first part mainly summarizes the defensive claims in tort law which includes two part.One part is that the term of article 21 should be the defensive claims in tort law and then its theoretical origin;the other part define the connotation of the defensive claims in tort law and illustrates the theoretical basis as well as its practical significance.The second part mainly analyzes the legal foundation and its function, the article 45 can and shall be used as legal foundation according to the analysis of two angles.About its function, the article will make an analysis by comparing the defensive claims with other system of ensuring product safety.The third part is closely combined with the article 45, this part discusses the essential elements and main contents of the defensive claims in product liability. The essential elements includes precondition for the establishment, causation, the basis of claim, while the main content is the types being reserved in law.The fourth part focuses on application of the defensive claims in product liability, including its entity and procedures.The article will make an analysis about the subject of the defensive claims, the opposite party, the limitations, various kinds of realization, and its civil procedure as well as the allocation of burden of proof,etc. |
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