| On product defects and product defects,the product is unqualified,on the basis of relevant concepts to define concept put forward for the existing product defects,unreasonable risk connotation and standards,and the limitation of product defects that exist in our country are analyzed and summarized,focusing on the reasons behind the limitations analysis and the corresponding suggestions.The second chapter explores the causes corresponding to the current situation,which can be specifically summarized as unclear concept definition caused by the "cross construction" between legislation and practice,unclear connotation caused by the "easy refuge" in law application,and fuzzy judgment standard caused by the "double deviation" between legislation and practice.Then,corresponding suggestions are put forward in the third chapter: firstly,the concept of "product defect" should be extended,and it is suggested to clarify the concept of "product defect" and the meaning of "unreasonable danger" attached to the concept of "product defect" when formulating the tort liability compilation;Second should be clear the choice of product defect types and their judgment standard,clear division in the "product quality standard" product defect type,design defects,manufacturing defects,warning defects,and establish the product defects of various types of judgment standard,design flaws and warning defects to consumers expect standard is given priority to,cost benefit analysis is complementary,manufacturing defects in a particular production first,combined consideration consumers expect standard;Thirdly,the identification of product defects under the impact of artificial intelligence should be extended accordingly.It is suggested that intellectual products should be included in the scope of products,development defects should be included in the statutory types of defects,and the limitation of defect presumption for the application of artificial intelligence products should be limited. |
