Research On The Defects Of Product Design And Its Judgment

With the development of society,China's product design defect cases were blowout potential,and because of its complexity and become difficult problems.In the product responsibility,how to identify the product is a worldwide problem.And the determination of the defect is of decisive significance for the determination of responsibility.From the current law of our country,the product defects on the general provisions of the provisions of only if the "product defects" is the word,for the detailed classification is not mentioned In addition,the existence of product design defects for the criteria,China's current practice is "the product has an irrational risk" and "products do not meet national standards and industry standards" as the basis for judging.This identification standard is ambiguous because of its poor operability,and therefore can not effectively identify the defective products.In addition,the practice of judicial trial in China for the case of product liability should be applied to the principle of strict liability is also limited,not enough to meet the requirements of modern society,while the referee is not sufficient.In view of this situation,China can learn from the United States product liability law to improve the relevant practices.Specifically: First,the type of defect is classified.At this point,should refer to the comparison method on the more mature approach,the specific types of defects can be divided into manufacturing defects,design flaws,warning defects and other types of defects.Secondly,in the product design defect criteria,the "risk-utility" standard as a criterion and the introduction of a reasonable alternative design,and thus more accurate to determine whether the product is flawed.Finally,the principle of negligence is applied to design deficiencies rather than the principle of strict liability.The application of the principle of negligence to the design flaw is the principle of strict liability for manufacturing defects.This paper expounds the related theories and practices of developed countries and China from the perspectives of meaning,type,imputation principle and judgment standard in the view of product design defects from the perspective of comparative law.And then put forward the idea of ? ? perfecting the defect of product design in our country,with a view to further consolidating the relevanttheoretical basis of product design defect judgment from the theoretical and practical levels and laying a good foundation for the improvement of the next step.The main contents of this paper are as follows: Part 1: Introduction.This section mainly includes the following: First,the research summary.This part mainly focuses on the present situation of the theory and practice of product design defects in our country.Secondly,it summarizes the research at home and abroad.This part mainly introduces the research results of product design defects and their judgments at home and abroad.Again,the purpose and significance of the research.In this part,it mainly introduces the purpose and significance of the thesis writing.The purpose is to discuss how to judge the design defect of the product with reasonable meaning.The significance is to put forward some opinions on the design defect of the product design and then design the product Improve the contribution of defects to determine their own strength;Finally,the research content and methods.This paper mainly introduces the main contents of the research,namely,the overview of product defects,the concept of product design defects and its judgments,the types of product design defects in China,and the development of product design defects in the context of modern product liability.The legal norms of product design defects and the practice of judicial practice and its lack and improvement and so on.Part II: Overview of product defects.This part mainly includes the following contents: First,the meaning and classification of product defects in comparative law.This paper mainly introduces the definition and classification of product defects in each country.Secondly,the concept of product defect in China and its type in theory and practice.It mainly introduces the conceptual debate on the concept of product defects in our country and how the product defects are classified in theory and judicial practice.The third part: the concept of product design defect in comparative law and its judgment.This part mainly includes the following: First,the comparative method of product design defects and the meaning of type.This paper mainly introduces the provisions of the comparative law on the meaning of product design defects and their types.Secondly,the principle of attribution of product design defects in comparative law and its reasons are introduced.This paper mainly introduces the evolution of the principle of attribution of product design defects in each country and its reasons.Thirdly,it will judge the defect of product design.This papermainly introduces the criteria of judgment on product design defects in each country.Which focuses on the consumer expectations such as standards,risk-utility standards,Baker dichotomy standards;Finally,a reasonable alternative design.It mainly introduces the essence of reasonable alternative design and the application of reasonable alternative design in American product liability law.The fourth part: the type of product design defect in China and its judgment.This part mainly includes the following contents: First,the relevant legal norms of product defects in China introduced;Secondly,the principle of product design defects in China;Finally,China's product design defects to determine the standard.Part 5: Development of Design Defects in the Background of Modern Product Liability Law.This part mainly includes the following contents: First,the development of product design defects applies to the principle of imputation: the question of strict liability;Secondly,the development of product design defect criteria: "risk-utility" standard.The sixth part: the shortcomings and perfection in the defect of product design in our country.In this part,the following contents are introduced: First,the theoretical controversy and the lack of practice are identified.Secondly,there are some shortcomings in the defect of product design and its judgment.To sum up,this article's writing idea is "ask questions-analyze the problem-solve the problem",from the theory and judicial trial practice problems,put forward the problem of product design defects.From the concept to start with the perspective of comparative analysis of China's product defects on the determination of the shortcomings.Finally,the rational introduction of the "risk-utility" rule with the theoretical results of comparative law is used to solve the problem of the defect of product design in our country.And abandon the absolute responsibility of the principle of product liability.The design of the product defects apply the principle of fault liability,the use of strict liability for manufacturing defects.