Research On The Duty Of Follow-up Observation

The issue of product safety has been a major problem concerning the livelihood of the people. Especially since the 20 th Century, with the development of industrial society and the progress of science and technology, product categories and functions have being more diversified and complicated, separately, facilitating people's daily life, while hiding more and more uncertainties, say, the safety hazard posed by the developing defect. According to the Strict Responsibility Principle in product liability,the law tend to be more protective of customers that among the vulnerable group. The liability nature and scope of producers and sellers has been strictly ruled by law, promoting them to produce and sell qualified products, in order to safeguard people's health and social stability. However, the products liability is always limited to the stage previous to the circulation, but should the producers and sellers shoulder the responsibility after that? Therefore, the system of Duty of Follow-up Observation comes into being, in the era of rapid development of social economy and scientific technology, serving as one of the legal obligation of producers and sellers, it plays a very important role in maintaining the rights and interests of consumers, safeguarding social public security as well. In addition, this concept is still relatively fresh and the regulations involved are in very general terms. Meanwhile, there exist several divergence and controversy over this system with the absence of relevant judicial opinions. Based on researching the theory and legal basis, this essay investigated the Duty of Follow-up Observation, thus, running through the related content as well as defining the potential problems in its application.This paper is divided into the following three parts:The first part “The Overview of the Duty of Follow-up Observation”, introduced the theories, legal grounds, legislation of the duty of follow-up observation, and follow-up observation,post-selling service warning and products recall.The second part “The liability from violating the Duty of Follow-up Observation”, elaborated the nature, subject, scope of the liability.The third part “The conflict and settlement between the duty of follow-up observation and development risks”, discussed the conflict between the follow-up observation and developing risk plea as well as the involved solutions.