The Study On The Proportional Liability In Large Scale Product Tort

Market share liability is a kind of rules developed and applied in effect unknown large-scale product right infringement issues,the first application in the United States in 1980 the Supreme Court of California Sindell(Sindell v.Abbott)in the case of.After decades of judicial practice,the theory of market share liability has also been used in the infringement of other products,but after the application of the case belongs to the DES case series,did not break through the field of product liability.China tort liability system is relatively perfect,for the general tort liability,the burden of proof of fault,no fault liability principle and fair liability with fault presumption and procedural law,can solve the problem of responsibility.However,for the large-scale product infringement,especially in the large-scale product infringement,However,we ignore a very realistic problem is the application of the premise of market share liability and the application of restrictions.If it is clear that the market share of the responsibility of the application of the premise and the application of restrictions,we don't need to consider whether we can use the application of market share responsibility to solve the problem of large-scale infringement in china.Another point is that,even if the other tort is not applicable to the overall market share liability product liability outside,this does not prevent us to explore other can be applied to product liability issues than mass tort theory on the basis of the advantages of market share liability.This paper tries to study the limitation of the liability of market share with the "substitutability" as the breakthrough point,and explore the role of proportional liability to the liability of market share.Based on the market share liability limitation of research,in order to break through the market share limits for the purpose of putting forward the proportion of responsibility,with proportional liability theory as the theory of market share liability limit breakthrough,further study on the proportion of responsibility,in order to solve the method as more and larger areas for large-scale product infringement.This paper is divided into five parts:The first part is the introduction.It mainly explains the origin of writing,the purpose and significance of the research,the present research situation at home and abroad and the research methods.Through the introduction part,the background and current situation of this thesis are explained.The second part mainly studies the limitation of market share liability theory.First of all,the paper analyzes the applicability of market share liability to the "alternative" Product Infringement in order to highlight the basis for the application of market share liability.Secondly,based on the research on the application of market share liability and the reasons for the limitation of application,the paper expounds the limitation of application of the theory of market share liability and the scope of application.Put forward the proportional liability in order to achieve a breakthrough in the application of the theory of market share liability.In the third part,we study the proportion liability to break the market share.First of all,the necessity and feasibility of breaking through the responsibility of market share analysis whether the market share liability can be broken and worth breaking through.Secondly,from the two aspects of proportional liability for "non substitutable" Product Infringement and the relationship between proportional liability and market share liability,this paper studies the problem of proportional liability for market share.The fourth part is the science and rationality of proportional liability.The main point is to clarify the dilemma of China's tort law to solve the problem of large-scale product infringement and the lack of legislation.The fifth part is the application of proportional liability and the introduction of legislation in china.The main solution for large-scale product infringement appearing at home at present,especially the fee of alternative product tort responsibility to solve how to use the proportion,proportion of liability for application in what form,and whether the proportion of liability can be used in a wide range of problems.