Product damage itself will be excluded from the framework of tort law will produce a lot of injustice,we need to pay efforts to make the product from the loss of this problem in the continuous development and improvement of the process.This article is divided into four chapters on the product itself to damage the tort liability system to elaborate:Chapter 1 First,the author of the product from the damage made an accurate interpretation of the damage: "damage" including personal injury and property damage,including property damage,including two,one is the defective property of their own property damage;the second is defective products outside the property And then interpret the theory of damage to the infringing system in the major countries of the two major legal systems,and conclude that there is a different view of the theory of each country whether the damage to the product itself is included in the property damage compensation.Finally,the author analyzes the theory of infringement liability system of product itself and smashes the rules of pure economic loss from three levels,and clears the theoretical obstacle for the infringement of the product.Chapter 2: The present situation of the system of self-inflicted tort liability in our country mainly starts from the legal provisions of the system of self-inflicting tort liability,and explains the proper meaning of "damage" in the actual law and combs the tort liability of our products.And then from the perspective of the judicial practice of the product from the tort liability system,the author analyzes the basis of the judgment and the judgment result made by the court in the judicial practice of our country.Finally,it points out that the definition of the product is not clear "And"confuse the flaws and defects "deficiencies,so as to improve the product itself to damage the tort liability system to lay the foundation.Chapter 3 analyzes the tort liability system of the products in the major countries of the two major legal systems,and analyzes the unique solution to the damage liability system of the product itself by the Anglo-American law system and the civil law system.The solution to the problem of product self-So as to improve China’s products own damage to tort liability system.Chapter 4 First,the "product" is defined as: processed,produced,used for commercial sales for the use or consumption of tangible movable property.Building materials,components and equipment belong to the scope of products specified in thepreceding paragraph,but exclude the construction project itself.Secondly,from the damage to the compensation category,the form of self-loss of the product,the damage to the product itself through the tort law to make appropriate restrictions on the infringement of the infringement liability system;Finally,the re-construction of the product itself through the tort of the specific mode of relief for the court in dealing with the product itself to damage the case provides a strong and logical logic of the logic of thinking,trying to gradually unified defective product damage case evaluation criteria. |