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Study on Law Liability Problems of the Defects of Product Design in Our Country

Author: ZhuLiYuan
Tutor: SunFaBai
School: Shandong University of Science and Technology
Course: Economic Law
Keywords: Product design flaws Recognized standards Responsibility Principle Exemptions
CLC: D923.8
Type: Master's thesis
Year: 2011
Downloads: 34
Quote: 0
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Abstract


With the rapid economic development, China's commodity market is flooded with a growing number of defective products, has led to many physical health problems, and some even turned into a serious social problem. Defective products to consumers caused enormous damage, caused major social problems of the situation intensified, becoming a worldwide problem. U.S. product liability law is the world's resolve product defects one of the most effective law, the main features are summarized in the United States occurred during the economic development classic case of product defects formed under, is a typical case law, particularly in addressing the product design deficiencies Geng Shibi is typical of other countries and guidance to other countries in the world to imitate and learn from. Given the current situation of our society, we need to fully understand the U.S. product design flaws areas of development, and through its classic case studies and related theories and learn to better improve our product liability law, in particular to the most complex product design flaw depth analysis on the issue. In the classic case of the United States, based on the theory of product design defects conduct a comprehensive in-depth interpretation, and thus the product design defects related concepts defined and from product design flaws that standard, responsibility principle, exemptions and causal relations with the U.S. product liability law analysis to identify the most common judicial practice and the applicable provisions of the forefront of view, in order to better serve our country learn from the transformation and absorption of relevant legislation, to maximize the improvement of product liability legislation. To the greatest degree of problem solving product design flaws, not only the design of products put into circulation before the caution, the product was put into circulation was found to be effective measures to solve the problem, and put into circulation after the development of science and technology because of the new defect found must be well The solution, which is the basis for the development aftermarket warning obligations, obligations sale alerts appear on improving our product design flaws system provides a new direction and momentum, richer product design defect content. Through case studies and theoretical comparison can be drawn, that standard in our country, especially the identification of defects in the product design standards, the national standards and industry standards placed emphasis on the position, while ignoring the unreasonable risk standard use; principle applies in the imputation, for the producers and sellers applicable principles of strict liability or fault of view differ, the provisions do not explicitly use the embarrassment cause of justice; confirm the causal relationship and exemptions, the relevant provisions of our country is very simple, need to be further enriched and improved.

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