The Choice Of The Product's Self-inflicted Damage Relief Mode

Product damage itself,is a defective product in the delivery or transfer of ownership,lurking in a part of the product defects unfortunately realized,resulting in the product unbearable use,damage or loss.It is a controversial legal issue whether the product itself is harmed,whether it is in the foreign law country,or in our country theory and judicial practice.For the damage to the product itself,in the foreign law countries,in principle,do not allow relief through tort law,and its by the contract law adjustment,established the"tort law exclusion rules + contract law relief' general model.But subject to contractual relativity and limitation of action and other factors,completely handed over to the contract law relief may be detrimental to the protection of consumers(victims).In response to this,some countries try to tort law exception protection,some countries through the settlement of the contract relative to improve the contract law relief.There are three kinds of viewpoints in our country:the remedies model of contract law,the relief mode of tort law and the remedy model of consumer protection law.The remedies model of contract law mainly focuses on the coordination of contract law and tort law system.The remedial model of tort law and consumer protection law resort to the "banner" of consumer(victim)protection,focusing on the victim Provide substantial relief.In the technical rules,such as contract relativity,claimant competition and litigation,the three models of understanding are also different.In the judicial referee,the three models of the theory also have their own"fans",in which the tort law relief model in the practice of dominance,especially in the "tort liability law" after the implementation.Comparative law,contract relativity and litigation timeliness and other technical rules of the factors,is the foreign law countries around the contract law and borrowed by the infringement of the main reasons for the damage to their own products.In China,the limitation of action and the right of claim are not the obstacles to the application of the contract law,but the relative relativity of the contract is indeed short,and in contrast,the tort law relief mode and the consumer protection law relief mode Relativity issues have an advantage.However,the latter two models solve the problem more than the problem,or in theory there are many shortcomings,or difficult to compatibility with the existing system.Judicial referee,although the views of the law of tort law in the dominant position,consumer protection law remedies point of view there are some supporters,but the reasons for its existence there are various fallacies,the law is wrong,not enough to prove its rational basis.China should abide by the contract law relief mode,the product itself is the loss of the interests of the implementation of the interests of the essence of the contract is the implementation of the problem should be standardized by the contract law.The issue of contract relativity can be solved by the construction of producer guarantee rules,without the need for road infringement or consumer protection law to break through.Contract law relief model can achieve the contract law and tort law system coordination at the same time,taking into account the protection of consumers(victims).