Research On The Standard Of Product Defect Identification

The Modern Product Liability Law takes the product defect system as the core,and determines the defects of the product,which is the basis of strict liability attribution.Therefore,it can be said that the product defect system is the cornerstone of the modern product liability law.The product defect identification standard is the core concept of the product defect legal system.This paper mainly studies the problems related to product defect identification standards.The development of China's product liability legal system took the 1979 reform and opening up as a watershed.The reform and opening up revitalized the market economy and stimulated residents' consumption.The excellent market development environment made products appear in the circulation field.When people enjoy the welfare brought by the material age,It is also increasingly plagued by product defects,and there are more and more product liability disputes in the practice field.It is very important for judges to determine product defects based on which criteria.The product defect identification standard system came into being.However,with the rapid development of the economy,the problem of product defect identification standards is increasingly exposed.The current legal system for product defect identification standards is fragmented,and the legal system for product defects appears in different legal standards at the level of effectiveness,which makes it difficult to apply the law in the trial.In practice,Article 46 of the Product Quality Law is usually used as the standard for identifying product defects.In the first part,this paper combines typical cases in judicial practice with the problems arising from the standard of product defect identification as a starting point to explain product defects.The standard has caused the actual dilemma of "different judgments in the same case" in practice,and then pointed out the problems in the standard of product defect identification from the perspective of laws and regulations and the standard of identification.The second part of this paper mainly analyzes the causes ofproduct defect identification standards from three levels.First,the understanding of the concept of product defects is unclear.Specifically,in practice,product defects,quality unqualified,and confusion between the two are manifestations.Second,the theoretical basis of product defect theory is weak.Third,under the traditional statute mode of China,it is impossible to effectively absorb trial experience.The third part is mainly the development of specific types under the product defect standard.This part mainly combines the experience of foreign legislation and the typical cases at home and abroad to analyze the product design defects,warning defects and manufacturing defects.The last part of this paper is the institutional design of the product defect identification standard.First,it is recommended to formulate the "Product Liability Law" single-line method,the second is to define the definition of product defects reasonably,the third is to abandon the double identification standard of product defects,and the fourth is to determine the criteria for determining product defects.Through the above suggestions,it is expected to provide some inspiration for the improvement of China's product defect identification standards.