The Research On The Rule Of The Seller Products Liability

The Product Quality Law of The People's Republic of China is closely related to the daily life of every one of us.In recent years,the domestic many products safety incidents,unscrupulous producers to the daily food add harmful ingredients,after exposure,let we listened to shudder.The Product Quality Law of The People's Republic of China and relevant laws and regulations promulgated and implemented,although greatly enhanced China's regulatory efforts on product safety,but still there is no lack of the existence of defects in the products,often to consumers bring serious problems.From pet food to toothpaste,from car tires to children's toys,placed in front of the facts that we have to think about,product defects liability who should bear,bear what responsibility and how to bear responsibility for such problems,in order to reduce the occurrence of accidents of product defects,safeguard consumers' legitimate rights and interests of.There is no dispute in the theory and practice about the strict liability principle,the theoretical circle and the practical application of the product liability,But on the seller liable for defects of products liability principle,there is a big dispute in theory,judicial practice also endures somesentence.The reason is that there is a contradiction between "product quality law>forty-second and forty-third is responsible for the seller's law semantic surface:in accordance with the provisions of article forty-second the seller to apply the principle of fault liability,and in accordance with the provisions of article forty-third the seller is strict liability.2010 in July 1st started the implementation of the" tort liability law>forty-first,forty-two,forty-three although the provisions of product liability of producers and sellers,but the provisions of the product quality is still followed the law,not to solve the Seller shall bear the liability principle of product defects.The law is not clear due to the seller the imputation principle of product liability.Research and practice contradictions,the legitimate rights and interests of consumers is difficult to be maintained.Therefore,it is particularly important to clear the responsibility of the seller's product liability.The main part of this paper in accordance with the questions,analyze problems,solve the problem of the logic in this paper.The first part is the meaning and value of the product liability and the imputation principle of product liability.The second part makes a detailed description of the principle of different results from different theories and judicial practice of the seller for product liability,and a comprehensive this paper expounds the present situation of our country sellers use the imputation principle.The third part is based on the analysis of deficiency of other imputation principle and the extraterritorial countries sellers imputation principle,combined with China's national conditions,that our country seller product liability should be applicable to strict liability.The fourth part is the analysis of strict liability,pointed out the existence of strict liability the problem,that strict liability is not applicable.Caution should be the pink of perfection,and put forward some countermeasures to solve these problems of the existence of strict liability,including the improvement of legislation,Ming Ensure strict liability principles,clear product defects of the judgment standard,improve the seller's exemption reasons,improve the seller to assume the ultimate responsibility of the situation,such as the four aspects of the four aspects of the content.