On The Application Of Market Share Liability In Product Infringement Cases In China

With the rapid development of China's social economy and industrial production,more and more new infringement cases have occurred."Longdan qinggan pill","melamine" toxic milk powder,fake vaccine and so on cases occurred in recent years.Such large-scale product infringement cases with unknown infringers have posed new challenges to the traditional tort law.Unclear causality is the biggest obstacle to handling such cases.According to the relevant provisions of China's current tort law,innocent victims often cannot get legal relief because they cannot prove that the listed defendant is the actual infringer.But the market share liability,established in the us as early as the 1980s,can solve this problem.This system has a good reference significance for dealing with the large-scale product infringement cases in which the infringer is unknown.This paper will make an in-depth study of this system and put forward some applicable Suggestions according to the actual situation of our country.First of all,this paper will deeply study the establishment and development of the market share liability.The system originated from DES in the United States.The California Supreme Court first created the relevant rule of this system in the sindell case.Subsequently,several district courts began to apply this theory to deal with the DES drug case,and on this basis,the California mode,the Washington state mode,the Wisconsin mode and the New York state mode were developed.The institutional rules under each mode are different,so the legal effects are different.This paper compares and analyzes the relevant rules of the system in different modes to find out the better ones suit our country national condition.Secondly,based on the "Longdan qinggan pill","melamine-tainted milk powder" and "f ake vaccine" as examples,discusses the social influence of the seriousness of the cases,and points out that in the process of dealing with such cases,It is difficult to choose the procedure,prove the cause and effect,which shows that our country needs to be set up corresponding system to safeguard the victim in the large-scale product infringement cases with unknown infringers.After forty years of development and practice,the system of market share liability is sufficient to deal with such cases.Therefore,our country has the realistic demand that applies this theory.Thirdly,this paper discusses the feasibility of applying the market share liability in China from the perspective of institutional environment,Market share liability seems to be in conflict with China's institutional environment,but in fact it can be coordinated.In the principle of imputation,the transformation of tort law from fault liability to no-fault liability reflects the justice and economic interests of social risk distribution.The imputation basis of market share liability can also be explained by the theory of economic analysis and the theory of corrective justice.In terms of institutional provisions,although the theory of common risk and the theory of market share liability are two different theories in nature,they still have certain similarities,and the existing relevant provisions can be used for reference when applying the rules of market share liability.Moreover,the market share liability system conforms to the relevant provisions of China's civil evidence system and has the feasibility to be applied in China.Finally,this paper puts forward some suggestions on the specific system design of mark et share liability in China,and clarifies the legislative purpose,applicable conditions,limitati on of action and other contents of this system.