Research On The Principles Of Product Liability Imputation For Sellers Of Second-hand Products

Human beings enter modern society,while the production and circulation of products promote social and economic development,and because of the time and space barriers of producers,sellers and consumers,the risks are amplified,especially the consumer predicament caused by defective products.Responsibility came into being,and strict liability became the product liability principle of producers.While effectively relieving consumers to a considerable extent,it also constrained the behavior of producers.However,the difference between the seller and the producer determines the difference in product liability.Especially in the way that human beings have to face resource and environmental problems and seek a circular economy,the strict liability principle of sellers may have a negative impact.Therefore,selecting and establishing the principle of liability liability of second-hand product sellers has become an important part of protecting consumers and promoting circular economy.From the "General Principles of Civil Law" to the "Product Quality Law" to the "Tort Law",China's product liability system has been basically established,playing an important role in maintaining the quality of China's products.However,the ambiguity of our country's legislation on the principle of liability of sellers' product liability has continued.Even the recently revised Circular Economy Promotion Law has certainly clarified the principle of liability liability of second-hand product sellers.However,there are obvious limitations due to the narrow scope of application and scope.Affected by legislation,even under the influence of the researcher's era or academic preferences,the seller's product liability principle still faces differences,and the second-hand product seller's product liability principle is rarely concerned in the academic circle.Relatively speaking,in the United States,where the product liability law is more developed,after strict liability expansion and application,in the judicial practice,although there is still the application of the principle of strict liability attribution of second-hand product sellers,it has gradually occurred that the second-hand product seller's product liability fault The rise of the principle of accountability is supported by most courts and jurisprudence.Although the influence of various factors has contributed to the development of the US second-hand product trading market,the principle of fault liability of second-hand product sellers should also play a positive role.Therefore,with reference to the experience outside the domain,and facing the dilemma of environmental pollution and resource shortage in the process of China's economic development,China should clarify the principle of liability liability for the liability of second-hand product sellers.However,at the same time,in order to achieve the balance of interests of sellers and consumers in the second-hand market,the punitive liability of second-hand product sellers should also be improved,thereby promoting the duty of cares of second-hand product sellers,and achieving protection the interests of second-hand product consumers.