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Cross-strait product liability Legal System

Author: NiJingYi
Tutor: JiLiGang
School: Fudan University
Course: Economic Law
Keywords: product liability law of the People’s Republic of China law of Taiwan
CLC: D923.8
Type: Master's thesis
Year: 2009
Downloads: 151
Quote: 0
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Abstract


People have more abundant products and variety of choices with the development of science and technology,at the same time,product liability becomes more and more important because of products defects.Product liability law formed and developed accompanying with this course.Product liability law confirms producers’ and sellers’ duty while they should compensate because their products gave rise to buyers,users or other people injury or property loss.Due to frequent business interactions in recent years,however,the different politic background in cross-strait for the time being,the experience and demand in social economy,industrial system and consumer’s awareness are different relatively. Thus the differences and the completeness of the products liability laws in the cross-strait will have huge influences on the rights of the consumers.This paper will set out to compare and analyze the differences,advantages,and disadvantages on the law of product liability in the cross-strait,and looks forward to provide new ideas and suggestions towards well-founded legislations of Product liability in the cross-strait.This article is divided into four parts:In chapter one:addresses the definition of products,the law in product liability in the People’s Republic of China is too cramped than in Taiwan.The law of product liability in Taiwan is fit for a wide range of products.This refers to all the merchandise in the market no matter whether it is chattel or real estate.Then,to address defective products,the law of the People’s Republic of China regulates product defect,product flaw and disqualified product.Law of Taiwan regulates the general assumption that all products are without liability and are expected to be safe.In chapter two:points out the liable person in the product liability,law of the Republic of China and Taiwan regulate the producer and sellers must take responsibility.Then discuss and discusses the liability among the product producer.In chapter three:introduces liability principles of tort and reasons for being unaccountable.Law of the People’s Republic of China and Taiwan regulates that producers and sellers have strict liability and fault liability.Furthermore,the origin of an incident that must involve reasons for being unaccountable.The reasons for being unaccountable of the producer and seller are ruled in the People’s Republic of China and Taiwan,protecting its legitimate rights and interests.In chapter four:in this chapter the product liability of civil damage amended across the Taiwan Straits is discussed.Product liability belongs to tort liability,so the general elements originate from some basic principles of the tort theory.As common, the general elements of product liability contain product defect,injury or property loss and causal relation between them.

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