| As one of the defences of product liability,development risk is an exemption granted to producers by law to prevent absolute liability from hurting the producer’s investment enthusiasm and innovation enthusiasm.However,since the flexible space has been opened for the application of the normal liability principle of strict liability,this defense system has been controversial since its birth,and it has been subject to many restrictions in the practical application process.The article cuts through the basic issues,tries to correct academic misunderstanding,and re-examines the legitimacy of the development risk defense system under the strict product liability system.With regard to the scope of application,due to public health policy considerations,some pharmaceutical products,blood,and other human products should strictly limit the application of the development risk defense system;on the issue of the applicable rules,the qualifications of the main body of defense,the level of scientific and technological standards,and the time node The key element is a rational analysis that fits the legislator’s intention.On the one hand,the case is connected with specific rules,and the simple provisions are clarified through legal hermeneutics,so as to improve the application efficiency and operability of the development risk defense clauses,and eliminate the worries of producers during the stage of product innovation.On the other hand,design a reasonable development risk damage relief approach,reconcile the system of product follow-up observation obligations with the system of exemption clauses,and establish a three-party relief mechanism of national compensation,industry funds,and liability insurance to build consumer life and property safety.Fasten legal barriers.In the end,the development of a theoretical system for defense of development risks is realized,the vitality of the dormant clause is awakened,and a balance of interests between the needs of producers for technological innovation and the reasonable expectations of consumers for product safety is achieved. |
