A Comparative Study Of The Law Between America And China On Product Liability System

With the rapid development of market economy and technology,product categories and product technology content began to increase.However,cases caused by defective products infringement were also gowning.In this context,product liability system originated in the late 19 th century and early 20 th century in Anglo-American legal system,for the purpose of solving cases causing by defective products infringement and coordinating the benefits between producers,sellers and consumers.After two centuries' improving,the product liability system in America becomes mature and systematic.Compared to America,China has a relatively late start at this field,and the deficiencies in legislation leads to difficulties in juridical practice.Therefore this thesis compares the differences in the product liability system between China and the United States,and tries to look for methods to improve the product liability system in China.This thesis concludes four parts:The first part mainly summarizes the basic connotation of product liability,and the history of product liability law in China and the US.There are two main differences between these two countries: the first one is the value of legislation.The US law tends to maxmise the protection of consumers;while China also taking the economic benefits into account.The second one is the criterion of liability.The US is based on strict liability,supplemented with fault liability;China applies strict liability on the whole.The second part compares two differences between China and the US: the definition and scope of product,and the meaning and identification of product defects.In order to maximize the protection of consumer rights,the US has a much broader scope of product;while in China's “Product Quality Law”,it limits the scope of the product through sources and uses,which means,a product should be processed and manufactured for the purpose of marketing.In order to identify product defects,the US uses three categories and two test standards: manufacturing defect,design defect,defective due to inadequate warning or instruction;consumer expectation test and risk-utility test.China has no direct provision of defects.The third part mainly discusses the penalty for damages in product liability.In the scope of compensation,the US has fewer restrictions;most of the damage caused by defective products can be compensated;China mainly including personal injury and property damage.On punitive damages,three premises and three methods of calculation are used in American judicial practice.Our country introduced punitive damages in the field of tort law in a late time,which results a lot of problems,including the ambiguous nature of punitive damages,the requirement of damage limits the relief and so forth.The last part is about the necessity for our country to Improve the legal system of product liability and the specific methods.Firstly,China should Establish a fair value orientation;secondly,Establish a unified product liability law at the legislative level is also required;then To further improve the specific system,including Clearing the meaning of product,Expanding the scope of products;Identifying the types and criteria of product defects;Establishing strict liability principle of product liability,as well as providing mental damage compensation and improving punitive damages.