Study Of Market Share Liability And Enlightenment To China

With the rapid development of market economy and industry mass production,an increasing number of innovative products come to people's live and more large factories become the kingpin of the economy.In the meanwhile,a wealth of large-scale products infringement and environmental pollution cases appeared.In these cases,a lot of victims suffered injuries form harmful substance but were unable to identify the specific manufacturer of the substance.Lack of related regulation and theory lead to a bad consequence that victims cannot get compensation with a legal move.On the opposite side of Pacific,American had created Marketed Share liability as a remedy for the victims in the 1980 s.To put it simply,Market Share Liability apply to some case that(1)has a great number of infringers and victims(2)victims cannot identify the specific infringer because of objective reasons.In that cases,victims are not required to approve the specific causation and defendants has to pay the compensation on the basis of their market share.In this article,the main ways of research are comparative analysis and cases analysis.The innovation point of this article is research and analysis of some typical cases that adopted or rejected Market Share Liability,and some advices to the import in substantive and procedural rules and more related measures.There are five parts in this article:The first part is the introduction of the conception and birth of Market Share Liability.The main content of this part are providing the relevant regulation of Market Share Liability in Restatement(Third)of Product Liability of American and discussing the creation of market share liability in Sindell case.The second part tracks the development of Market Share Liability in other cases.In this part,this note shows some cases that adopted and explained the doctrine and several cases that change the doctrine.All of these cases have important implication for the import of Market Share Liability.The third part is a brief induction of the concrete rule of Market Share Liability.In this part,this article is trying to integrate and clarify the specific rules in different cases and find some useful rules for the import of this theory.The fourth part presents the necessity and feasibility to import Market Share Liability.The benefits of introduce this theory include protecting victims and increasing industry standard.Although there are theory conflicts,system defects and other barriers,we can find some ways to avoid or resolve these obstacles.The fifth part provides some advice for designing of Market Share Liability with a Chinese characteristic.Based on the research and analysis of American Market Share Liability and combine with the practical situation of our country,this part attempts to give some advice to the import in substantive and procedural rules and more related measures.