| Product liability legal system is the civil liability legal system that adjusts the relationship of product producers or sellers and consumers. They should bear corresponding liability to the victims who have been damaged by the products'defects. Of course, foreign product liability involves more foreign factors. As global economic integration and frequent international commodity trade exchanges, the production and circulation of products have shown a trend of internationalization and the foreign-related product liability lawsuits have been growing. Domestic product liability law has entered the field of international law, a new legal department of international product liability law has been born.In modern sense the product liability law originates from the 1920s and 1930s, and first starts in Britain and the United States cases. Therefore, the product liability legal system of the United States as the representative of the European and American countries has relatively been improved, and most of them have established principles of strict product liability. By the 1970s, in order to strengthen international cooperation in free trade and eliminate the conflict of national product liability laws, regional and international legal documents and international conventions in the product liability system also have emerged, and product liability law has formed a unified system. Moreover, China's product liability legislation begins in the 1980s, after several decades of development, although the scale has been issued, but because of a later start, the corresponding legal provisions are relatively rough, the foreign product liability legislation does not have substantive provisions that already can not adapt to China's social and economic development and the objective needs of modernization. Especially after joining the World Trade Organization, China's product quality will face the greatest test of the international market, China's enterprises as a defendant may be subjected to accusing of strict product liability from Europe and the United States and other countries, in the meanwhile the action that consumers take to protect their legitimate rights and interests of the plaintiff's rights will be difficult. Therefore, in the face of the difference between international rules and the lack of product liability legal system, China must take steps to improve foreign-related product liability legal system.In this paper, through comparative studies in the domestic and international product liability legal systems, starting with the basic theory of product liability, thinking China's current situation in the economic development, our country should establish the foreign-related product liability legal system with China characteristics aiming to balancing the interests of consumers and producers. At the same time it is necessary to improve the corresponding matching system. Having the corresponding sound legislative system as a backup and support, China's businesses and consumers in foreign product liability lawsuits will have equal legal status and rights, and their legitimate rights and interests will be protected greatly.Apart from the introduction and conclusion, a total paper is divided into four parts:The first chapter outlines product liability theory.Defining the concept of product liability and introducing the nature of product liability and attribution of product liability theory, as well as the main reason of foreign product liability lawsuits. They will provide theoretical support to study of the development of product liability legislation.Chapter II, product liability law practice and the development of international legislationMainly introducing product liability legislation status of the Western countries, such the United States as the main representative, comparing and analyzing the product liability characteristics of the international legal documents, we could master the modern trend of development of product liability legislation.Chapter III, the current situation of product liability legislation and the legal status of foreign-related product liability legislation From a macro and micro level we analyze existing problems in the current product liability legal system, and point out them which will provide some supports to propose some perfect suggestion.Chapter IV of China's foreign-related product liability legal system perfectThis chapter is the focus of this paper, through comparative study of the system of international product liability and objective analysis of the situation of China's legislation, it points out that China's construction of foreign product liability legal system is necessary and urgent, and from standpoint of the substantive law and the conflict law it puts forward some proposals in improving our foreign product liability legislation. At the same time, we must establish a complete product liability insurance system and defective products recall system, which will play important part in protecting the legitimate rights of our consumers as the plaintiff and the interests of producers. In addition, in the face of more intense international competition in the market, if products "Made in China" want to maintain their international influence and prestige of brands, enterprises themselves must step up risk prevention awareness in foreign-related product liability. To this point this paper are also engaged in the prevention and remedial from the dual perspective and provide some measures to safeguard enterprises'rights when they are in the face of litigation in foreign-related product liability. |
