The Research On The Law System Of Compensation For Damage To International Products Liability

With the process of economic globalization speeding and science and technology developing rapidly, the communication of merchandise trade between countries is closer and closer and the varieties of products are increasing, whose complexity is being strengthened gradually. Because of the inevitability of product flaws during production, disputes on compensation for damage to products liability tend to be more and more in the world. In the field, China is at a slower pace relatively than those developed countries such as U.S.A. either in theories or in judicial practice. Therefore, it's very meaningful for perfecting China's legislation of products liability to strengthen the theoretical research on international products liability of compensation for damage and to borrow the experience of foreign legislation. In the paper, the writer analyzes the sectors of products, defects, compensation for damage, law application in China's present legislation of products liability and raises that China's government should specifically regulate products liability in Civil Law and should set up relative rules of conflicts, comparing and discussing some typical doctrines on legal norms of products liability in modern Anglo-American law system and continental law system by the means of comparative jurisprudence. The paper consists of three parts, introduction, body and inclusion. In the body part, there are five passages, in the first of which the writer stresses the problems of basic theories about products and product flaws. First, the writer briefly introduces the product ideas in some typical countries and emphasizes the regulations of product ranges in China's law and the reason of its legislation. Second, she introduces the regulations of product flaws in countries and mainly analyzes accepted rules of product flaws. In passage two, she stresses the main body of compensation for the damage to international products liability and further defines the ranges of compensation obligees and obligors. In the third one, she discusses the ranges of compensation for damage of international products liability. First, she discusses the basic theories of damage and then introduces the ranges of compensation for damage of international products liability in Europe and the United States by comparison and stresses several basicproblems on spiritual damages, product damages in themselves net economic losses and punitive damages. After introducing foreign restriction on compensation for damage, she believes that China's government should unify the measurement standard, expressing her disapproval at the standard of compensation for personal injury in China. In passage four, she discusses the law application to international products liability. First, she introduces the rules of law application to international products liability and then emphasizes the new development of the rules of law application to international products liability. At last, she analyzes the current conditions of law application to products liability contacted foreigners. In the fifth one, she raises several concepts on how to perfect China's law system on compensation for damage to international products liability, expecting it will profit the construction of law system of China's products liability and the improvement of the system.