The Research On The Principle Of The Product Liability

Product liability is offspring of the development of society and technology. The system of Product liability has been appreciated generally by most countries of the world because damages by product defects occurred frequently. The principle of product liability fixation, the most important content of the product liability system, has developed from contract area to tort area, from contract liability to fault liability and finally to strict liability. The process of development reflected the law-makers' gradual recognition to the protection of the consumers' interests. In contrast , the liability of producers and sellers was heavier and heavier. The principle of strict liability was adopted in legislation of product liability by most countries because the strict liability could protect the victims' interests better. The wide application of strict liability neglected the attention to the producers and sellers while it protected the consumers' interests immoderately. So it made some countries consider the strict liability again.Admittedly, the system of product liability in our country draggled relatively. There are obvious objections and deficiencies in both legislation and arrangement of content. The issues of the principle of product liability fixation existed in our country theories field for a long time and it was difficult to unify. The provision of law was not also coincidence and even conflicting. So the subject investigated of the text is the principle of the Product liability fixation, and the writer hopes that it is helpful to perfect the principle of the product liability fixation and the legal system of product liability in our country.There are four parts besides the introduction and conclusion. The content is as follows:Part one is about the general theory of the principle of the product liability. Firstly, some basic concepts in product liability law are defined and analyzed in this part, such as product, product defects, product flaw, danger and so on. Secondly, the text discussed product liability and it's character. On the basis of the analysis of the different theories of the product liability's character, the writer thinks the product liability is the particular tort liability. Finally, the text discussed the principle of the product liability fixation and it's status. On the premise of defining the definition of the principle of the product liability, the text indicated that the principle of the product liability decided the composing conditions of the product liability, the bearing of the proving responsibility and the application of exemption.Part two is about the history and direction of the principle of the product liability. This part introduced the developing of the principle of the product liability, from contract liability to fault liability and finally to strict liability. The come of Product Liability Crisis made many countries look for the new methods to adjust the product liability. Then the text indicated the developing trends of the principle of the product liability.Part three is about the academic analysis of the principle of the product liability. Firstly, the text introduced the provision of the principle of the product liability in our country, including the legislative actuality and the debate. Then the text indicated the legislative limitation, such as the difference of the formulation, the conflict of the provision and so on.Part four is about the perfection of the principle of the product liability. This part advanced the legislative advice of perfecting the principle of the product liability on the basis of consulting the legislative experience of other countries and combining the practicality of our country. Firstly, the system of exemplary damages should be imported in the product liability. Secondly, our country should constitute the principle of combining the strict liability and presupposition of fault to exploit the advantage of the strict liability and presupposition of fault and to form the complementation .Finally, such as the reason, the definition and the application of the new principle were discussed.