Research On Market Share Rules And Its Enlightenment To China

In traditional tort law,the tortfeasor’s tort liability needs to prove four requirements.One is that the infringer has committed the infringement,the other is the result of the damage suffered by the victim,the third is that there is a causal relationship between the tort and the result of the damage,and the fourth is the infringement.People are subjectively at fault,and four elements are indispensable.Due to the complexity and change of judicial practice,there have subsequently been rules that deal with the difficulty for victims to prove causation when the offender is unknown.This is called the Common Dangerous Behavior Rule in China,that is,when the number of offenders is large,the infringer has an advantage in providing evidence.In this case,the victim is in a weak position in terms of proof.At this time,the victim can prove that the infringer has performed the tort as a whole and caused damage to himself.There is no need to prove that the damage was caused by a certain infringer.When the burden of proof is transferred,several tortfeasors need to prove that the victim’s damage was not caused by themselves and prove that the specific perpetrator who caused the damage can be exempted from liability,otherwise several tortfeasors shall bear joint liability.In addition,a new type of infringement has emerged in judicial practice,that is,large-scale infringement.This tort is characterized by numerous infringers and victims,and the victims cannot prove the causal relationship between the infringement and the damage.,It is impossible to prove the specific infringer who caused the damage.At this time,a new way of assuming tort liability has emerged in US law,that is,the market share rule.Since my country’s reform and opening up,the economy and society have developed rapidly in an all-round way,social productivity has increased significantly,and social operations have gradually become large-scale and mechanized.This has also provided objective conditions for the occurrence of large-scale product infringements.In addition,some manufacturers have corrupted morals and blindly pursued the economy.Interests,unscrupulous production of some counterfeit and inferior products and toxic and harmful products,infringes on the legitimate rights and interests of many consumers,including consumers’ right to health and property rights.As a result,there have been some large-scale product infringement incidents.The distinguishing feature of this type of infringement is the large number of infringers and victims.However,according to the current laws in my country,it is impossible to provide relief for the victims of such cases.Therefore,this article The aim is to provide relief for the victims of large-scale product infringements in my country through the study of the market share rules in the American tort law,promote the improvement of my country’s legal system,and promote the progress and development of my country’s legal society.The structure of the article is mainly divided into three parts.The first part first summarizes the meaning of large-scale product infringement,and then conducts an in-depth analysis of typical cases of large-scale product infringement.Finally,it raises the question of large-scale product infringement in my country.How should the case provide relief to the victim through legal means?The second part mainly analyzes the judicial remedy for large-scale product infringement cases in the United States tort law,that is,the market share rule,and analyzes the generation and development of the market share rule and the theoretical origin of the market share rule.The third part is about some system ideas for introducing market share rules in my country,including the legislative positioning of market share rules in my country,the scope of relevant markets,the principle of liability and the way of assuming responsibility for market share rules,and the statute of limitations for applying market share rules,etc.problem.Although there is no provision for market share rules in the civil code that has just come into effect,it is hoped that market share rules can be introduced to supplement and improve my country’s tort liability rules in the future revision of the code.