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Study on Product Defect Legal System

Author: JinXiaoDan
Tutor: ZhuangShanYu
School: Huaqiao University
Course: Economic Law
Keywords: Product Product Defect Types of Product Defect Conceptual Standards for Determining Defectiveness Product Liability
CLC: D923.8
Type: Master's thesis
Year: 2004
Downloads: 375
Quote: 4
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Abstract


Product Liability is the most important and effective institution to balance the relationship between consumers and manufacturers. The institution of Product Liability in our country is far behind the developed countries, the regulations are so simple and general that the theory of Product Liability needs to be further studied. In the system of Product Liability, Product Defect belongs to the fact element of the Product Liability theory, which is the center and the basis of the Product Liability system. The institution of Product Defect reflects the aims of the legislature and the value selections. Only by the comprehension of Product Defect legal system can we recognize and understand the whole Product Liability system.The dissertation mainly makes a comparison of Product Defect legal systems, then analyses the differences in the regulations of Product Defect legal systems, approaches the causes of the various regulations in order to make a reasonable and possible suggestions to the process and the completion of Product Defect legal system in our country.The preface generalizes the process and development of Product Liability and Product Defect legal system, emphasizes the significance of Product Defect legal system. Then it states the necessities and the practical functions for further development of Product Defect legal system.The first chapter Basic Theory of Product Defect Legal System explains the economical and legal connotations of Product, compares the different regulations of Product Defect in various countries and international agreements. At last, it analyses the connections and the differences between Product Defect and other concepts involved.The second chapter the Types of Product Defect explores the types of Product Defectthrough the connotations, the determinations and the principles of liability fulfilment, including Unreasonably Insafe in Construction, Unreasonably Insafe in Design and Adequate Warning or Instruction.The third chapter Conceptual Standards for Determining Defectiveness introduces three standards such as Consumer Expectation Test, Cost-Benefit Analysis and Two Division Test from the appearance, the development, the origin and the practical significance of the above conceptual standards.The fourth chapter Counterplea of Product Defect is the complement of conceptual standards for determining defectiveness, which is an important part of Product Defect legal system. It comprises the fault behavior of plaintiff, product uncirculation, development risk and the appeal period.The fifth chapter Process and the Completion of Product Defect Legal System in China generalizes the regulations of Product Defect legal system in our country, analyses the insufficient parts of Product Defect. In the end, the dissertation makes reasonable and possible suggestions , which is composed of basic theory of Product Defect, the types of Product Defect, the conceptual standards for determining defectiveness ,the counterplea of Product Defect and the supervision and the remedies for defective products.The conclusion summarizes the dissertation, approves the rapid development of Product Defect legal system in our country, states the necessity of comparison and legal system transplant, emphasizes the problems paid attention to in the comparison and transplant.

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