Research On Automotive Product Defects Liability

Abstract:Automotive product defects liability is a kind of infringement civil liability,it defined as "the property and personalinjury that caused by defective automotive product must be borne by the producers and sellers". Identify standards of automotive product defects is "exist unreasonable safety", automotive product defects shall be classified as design defects, manufacturing defects and warning defects. The subjects of Automotive product defects liability includs the producers and sellers, but materials producers and automotive parts maker should be excluded from the scope of responsibility main body. The burden of proof of automotive product defect should be based on defects, respectively by automotive producers and sellers. The damage compensation liability form for the producers and sellers can not identified as the joint and several liability, it must be identified according to their degree of fault to "recover" between themselves. For the loopholes that exist in theory and practicein aspect of automotive product defects liability,many provitions must be done,in the legislation aspect, lawmakers must set relevant regulations,such as defects on car types, the burden of proof of automotive product defect cases, the mental damage compensation applicablecir cumstance.Justice aspect, the judge should improve the system of security proof, and improve practical skills and Professional moral level.