Research On Some Issues Of Product Liability

Product liability is a civil liability which arouses from defect products. As the outcome of modern mass product, product liability is an inevitalbe legal phenomenon in modern society, to which has been attached great importance and applied in the field of the theory and practice of law in many countries.The theory of product liability had been always weeding through the old to bring forth the new, and the legal system of it is also becoming better and better gradually.The theory of product liability law in our country starts late, there are many deficiencies in our product liability legislation system:Our country does not have single product liability law, the related product liability legal regulation mainly stipulate in The People's Republic of China General Principles of Civil Law and The People's Republic of China Product Quality law. Although in 2004 our country has carried on the revision to The People's Republic of China Product Quality law, but still there exists many problems, not only on the content but also on the form. it indicates too general and ambiguous, also has contradictions between different laws. These have created theoretical difference, brought deviation easily in judicial practice.This paper attempts to elaborate and analyze the principle of fixation , the theory of the constituent, such as, about the scope of product, the defect of product, the fact of damage, the subject of liability etc. in Euro-American countries.Then compare them with the relavent theory and practice in our country.Its structure is as follows:Chapter one: Stating the basic theory related to product liability. The contents involve the concept,nature and comparative differences with similar concepts. Also the evolvement of product liability from contract area to tort area, then from fault liability and finally to strict liability. Through such study we can find out the development of product liability regulation . According to this regulation, we can certain the constitutive requirements of the product liability scientifically, we also can find out the reasonable evidence for establishing and improving product liability legislation.Chapter two: Product and defect of the constituents. The product is an important concept of constructing the product liability. Product liability law in various countries make regulation about concept and range of products based on different legislative aim and consumer's protective policy. Though the rugulation are different with each other,all countries are attempt to seek an balance between protecting consumer interests and protecting social development. Defect involves in such questions,definition of product defect,recognization of product defect.Compensation is the quintessential part of the dissertation.Three controversial problems are stressed in the part:punitive damages, pure economic loss and mental compensation.Chapter three: The subject of product liability refers to a natural person, a legal person or other economic organizations that ought to bear legal liability to pay compensation when his defect product has caused the user's or consumer's body injury or property loss.Chapter four: Causes of the counterplea. It can be divided into three: plea to exclude liability , plea to eliminate liability and other pleas.This essay involves four causes of counterplea to exclude liability.