The Perfection Of Product Liability System In China

In 2019,the fourth chapter of the new draft of civil code of the people's Republic of China(tort liability part)stipulates the product liability system,which has not changed significantly from the previous provisions on product liability in the tort liability law,and the problems existing in the academic community and judicial practice have not been effectively solved.The identification standard of product defects is the key to the identification of product liability.The provisions of the dual standard cause damage to the interests of the parties in judicial practice.It is suggested that the single standard of "unreasonable danger" be used to determine product defects,and the identification standards of product design defects,manufacturing defects and warning defects should be clarified.Whether the product damage can be remedied by tort liability generally holds a negative view,but a few scholars and many courts in judicial practice include the product damage in the product liability,which is more helpful to protect the rights and interests of the parties and reduce the litigation costs.In accordance with the existing exemption reasons,although the product quality law stipulates that the producer has the qualification of development risk defense,the development risk defense clause with difficulty is rarely cited based on the consideration of litigation risk and cost,which makes it a "sleeping clause",neglecting the promotion of development risk defense to market economy.The draft of civil code still provides punitive compensation system in the chapter of product liability,but in judicial practice,the strict requirements of punitive compensation make the infringee have no way to appeal.It is suggested to increase gross negligence in the subjective elements of punitive compensation,increase property loss as a result of damage,and refine the standard of compensation amount,so as to reduce the victim's litigation burden and maintain the society fair order.