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The Research On Relief Mode Of The Product Injures Itself On Tort Law

Posted on:2021-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y FengFull Text:PDF
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Product injures itself,a controversial topic of the product liability system,is concerning the application of contract law and tort law.Especially after the promulgation the Tort Liability Law,its provision is different from this in the Product Quality Law,which has sparked discussions.When the courts deal with such cases,most of them affirmed the tort law relief of product injures itself,but the exceptions also exist.The referee's reasons are ambiguous and the scopes of compensation are different.In order to break the limitation of traditional contract law relief,make victims directly ask the producer responsibility,this thesis will discuss the relief mode of product injures itself,clarify its position in tort law,analyze the rationality and necessity of tort law relief,and build a tort law relief mode of product injures itself.This thesis is divided into four parts.The first part is a study of the theory and practice of product injures itself.This part is divided into three quarters.The first quarter is about the definition of product injures itself.It discusses the relationship between the two "defects" and clarifies the scope of product injures itself.There is no need to distinguish between the two "defects".To construct the relief mode of the product injures itself on Tort Law,it should focus on the identification of the defect.The second quarter is to introduce the disputes arising from the legislation.It points out the conflicts between the articles in the existing law,and sort out the different views of scholars on this issue.The third quarter will analyze the problems existing inthe judicial adjudication.The second part is a review of the traditional contract law relief model.This part is divided into three quarters.The first quarter introduces the basic structure and reasons of contract law relief.Product injures itself is actually a loss of the expectation interests.The second quarter points out the shortcomings of the contract law relief model,such as "the principle of relativity of contract" and "the principle of the concurrence of civil liability".The third quarter introduces the amended contract law relief mode in the comparative law of France and the USA,analyzing whether it is of reference significance to China.The third part is about the basic theory of the relief model on tort law.This part is divided into three quarters.The first quarter is to clarify the positioning of product injures itself under tort law.In order to include product injures itself into the scope of tort law relief,it needs to be linked with the protection of tort law.So it need to be confirmed whether it is a violation of ownership or a pure economic loss.This thesis thinks it belongs to the latter.The second quarter introduces the principle of non-remedy for product injures itself by tort law,and discusses whether the reasons are justified.The third quarter discusses the necessity and rationality of tort law relief from the three aspects.The fourth part is about the construction of relief mode of the product injures itself under China's tort law.This part is divided into three quarters.The first quarter is about the theoretical basis of the application of tort law.The danger of product injures itself conflicts with the protection of personal and property safety under tort law.The expression of "civil rights and interests" highlights the wide scope of tort law protection and provides an applicable space for the product injures itself.The second quarter is the search for the basis of the right of infringement,and it is clear that Article41 of the tort liability law should be used as the specification of the right of infringement of product injures itself.The subject of the claim is any person who has suffered damage due to the realization of the defect.The third quarter is about the realization of responsibility control by the constituent elements.Through the limitation of the identification standards and implementation methods of defects,judgement of causation and the improvement of the principle of imputation,the balance between the compensation of victims' losses and the freedom of producers' behavior will be guaranteed.For the identification of defects,"consumer expectations" can be used as the theoretical basis of "irrational danger".The connotation of "consumer expectation" should be considered in conjunction with several objective factors.Whether the defect implementation is dangerous or not can be determined by combining common sense.The scope of damages compensation should be controlled through the proper causation.Compensation shall be made for the original loss such as the product's own loss and repair costs.For other consequential losses,the judge should make a reasonable decision based on the case.In addition,if the victim has a certain fault for the occurrence of product injures itself,Producer responsibilities should be reduced ensure fairness and justice.The negligence offset regulation can be applied on the basis of upholding no-fault liability.
Keywords/Search Tags:product injures itself, pure economic loss, relativity of contract, liability for tort, defect
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