Research On Product Liability After The Company's Cancellation

The company's status in modern economic and social life is more and more prominent,and its activities have an increasingly deeper impact on society.Its low threshold for establishment has led to the establishment of a large number of companies in the market;coupled with the in-depth promotion of decentralization services,some procedures for the cancellation of companies have been simplified.In the concept of company law,the company's cancellation is declared to end,it loses its legal subject qualification,and it will no longer bear legal responsibility.There is no intersection between product liability and the company's cancellation.However,due to the large scale of product sales and the long service life,the product liability after the company's cancellation is generated in this context.Among the tripartite subjects in the legal relationship of product liability,producers and sellers play an important role in taking responsibility.Based on their unreal joint and several liability relationship,if the product is defective due to their own fault,then they are the ultimate responsible person,and there is no need to recover;for those that are not due to their own fault,they must also bear responsibility,Recourse to the ultimate responsible person.Then when product liability occurs after the company's cancellation,consumers will appear in two situations when seeking relief: one is to sue the intermediary responsible person based on convenience,but the intermediary responsible person will have no liability when recovering;Responsible person,but because the non-responsible subject cannot obtain relief,both situations face the problem of the responsible subject after the company's cancellation.However,the laws of China have relevant provisions on liability before and after the establishment of the company,but there are few provisions after the cancellation of the company.Although existing laws can provide victims with relief,they face this situation and practice in practice It is debatable that it really violates the principle of self-responsibility and cannot reflect social fairness and justice.Therefore,this article discusses the issue of the subject of product liability after the company's cancellation to regulate the economic order.This article takes the collected cases as an introduction,first carries out relevant evaluations,and through some practices in practice are questionable,and finds that there is currently a slight deficiency in product liability after the company's cancellation.To address the shortcomings,the article analyzes the reasons behind them: imperfections in the legal provisions,the limitation of the liability of the liquidation obligor,and the insufficient application of the responsibility distribution situation between producers and sellers.In view of these shortcomings,some solutions are proposed.This article discusses the successor,shareholders,and directors as the subject of responsibility,analyzes in turn some of the conditions required to assume responsibility,and analyzes the possible subjects of responsibility to explore the protection of consumer rights.