Research On Confirmation Mechanism Of Product Defect

Product defect is the core component of determining product liability and whether product defect is confirmed correctly is the key to protecting the rights of consumers harmed by defective products.At the same time,the confirmation of product defects is the field of the combination of substantive law and procedural law,and we should give consideration to both substantive standard and litigation proof of product defects confirmation,so as to jointly build a product defect confirmation mechanism that can balance the interests of consumers and producers.There are six chapters in this paper.Chapter 1 is "Introduction",which comprehensively explains the research background,theoretical and practical significance,research content,research methods,innovation points,etc.It also expounds the domestic and overseas research status of product defect confirmation mechanism in the form of literature review.Chapter 2 is "Overview of product defect",this chapter stressed the importance of correctly understanding concept of product defects,thus clear the definition of the concept of product defects and the specific areas of civil legal relations between the producers,sellers and consumers on which the concept are applied.Emphasized the confirmation of product defect’s important theoretical significance and practical significance.Finally,distinguished product defect from two similar concepts of product nonconformity and product defect,and two characteristics of personal and property risky and infringement of product defect are emphasized.Chapter 3 is "Present situation of Chinese product defects confirmation",this chapter is divided into two parts: standard of product defects and defects of judicial proof,each part contains two branches: the existing regulations and the problems exists.Illustrates the coexistence of the general standard and the legal standard stipulated by our country’s law,and the following with the way of litigation proof stipulated by the general provisions of the civil procedure law.It also points out the shortcomings of the existing laws and regulations and the practical problems that the consumers in litigation are difficult to provide evidence.Chapter 4 is "Extraterritorial experience of the product defect recognition",this chapter is mainly refers to "Restatement of the Law Torts" of America and "EU Product Liability Directive" of E.U.To explore and analyze the legal system of product defect confirmation standard and litigation proof in foreign countries in order to provide ideas for the reform of product defect confirmation mechanism in China.Chapter 5 is "Improvement of Chinese product defect confirmation mechanism".On the basis of the previous four chapters,this chapter puts forward specific suggestions for the reform of product defect confirmation standard and litigation proof for China.On the premise of adhering to the unified confirmation standard,the author creatively puts forward the confirmation standard of "consumers still suffer unreasonable damages when using products reasonably",and suggests introducing the method of anscheinsbeweis in litigation proof to overcome the difficulties of the proof of product defect in civil litigation.Chapter 6 is "conclusion and prospect",this chapter carries on the simple concise and the conclusion,completes the final work of the paper.