The Problems Of The Nonperformance Cocompeti Tion Of Right Of Claim And Manufacture’s Liability

With the development of material in society, a variety of new forms of economictransactions, online store such as Taobao, Amazon,360buy, the store and so on, andthe volume of transactions is enormous, November the11th is known as "Singles "each year,but now the speculation by businesses, all shopping malls, supermarketsand online shopping business supplier in this day buying activities before and after theintroduction of a variety of promotions. November11,2012, the whole Taobao totalsales19.1billion RMB in this day;2013of November11, Taobao payment dataLynx live room treasure turnover data fixed in35billion, surpassing the Chineseonline shopping the new record, beat last year’s U.S. Cyber Monday Turnover (12.08billion RMB.) is now pushing through the electricity supplier,"double-eleven " hasbeen the world’s largest online shopping festival. Electricity providers and traditionalretail sales model has the same, but there are many distinct new features, has aturnover of fast, high volume, low cost merchant shop, the seller and the buyer doesnot actually touch the product types covered wide features. Product liability is an actof responsibility, namely the lack of business owners to make the safety of thecirculation of commodities into the market. Dangerous goods from a lack of security,which is the ethical foundation of professional enterprise managers, and the ability todisperse through injury liability insurance and the price mechanism. As new forms oftransactions generated a lot of problems, such as the purchase link electricity supplier transactions increased from the previous buyers placing orders directly to the servicesite, the electricity supplier transactions increased transportation, storage, sale ofrights and other links, and the fact that the infringement constituted judicial practicelaw, the damage may be, although China’s " Civil Law","Contract Law","TortLiability Act " provides all aspects of both the scope of damages, but in productliability with the breach of contract (mainly incomplete payment) competing on the "contract Law" Article122on tort liability and liability for breach of competing waysof understanding, leading to a court practices vary around the judicial practice,different co-contracting, relief party spirit of the legislation led to " the principle offull compensation " is often difficult to obtain complete.This article is divided into four sections.The first chapter has two sections, through the "Tort Liability Law" Elements ofproduct liability collate in China, and comparing with the civil law and the commonlaw of the relevant provisions of this shows imperfections of the relevant provisionsof the Product Liability.The second chapter is illustrated in breach of competing with some of the majorproduct liability is not completely fulfill part, and in the second section of theinstructions and product liability and breach of contract for the major doctrinescompare features on Concurrence competing basis to elaborate.The third chapter on the characteristics of a usual description and comparison tothe main theory，through the main applicable product liability and defects of thedoctrine of the competition foundation of payment and problems.The fourth chapter is formed by the above theoretical point of view, of ourjudicial practice to be analyzed in the second section of the logical structure of the fulltext of the content and conclusion set forth, the authors put forward when competingproduct liability and breach of contract is best suited our model construction andlegislation.