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Research on Tort Liability of Defective Motor Vehicles in China

Author: LiuPengShuo
Tutor: LiJianHua
School: Jilin University
Course: Civil and Commercial Law
Keywords: Defect Motor Vehicles Tort Liability system perfection
CLC: D922.29
Type: Master's thesis
Year: 2010
Downloads: 149
Quote: 2
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Abstract

2009 was a glorious year for Chinese auto industry, according to <2009 Auto Industry Economical Operation Reporting> that print by MII, last year our country’s auto production and sale volume exceeded 13,600,000, both exceeded the US and leapt the world. Profit from the excitement by the preferential policy of "auto go to the countryside"、"halved the small-displacement vehicle purchase tax ", etc, once the luxury goods-auto was entering ordinary families. But as the range of activity had been expanded, the quality of auto vehicle was going wrong, personal injury and property loss to the consumers cause of design、making or currency, and the like were increasing with years. Though our vehicle supervision department had been not issuing official statistics of this kind of traffic accident, we already can look into the harsh situation from the auto vehicle recall announcement that issue by DFAC, just in 2009, more than 20 firms in home and abroad recalled 1,280,000 autos from China. Since enter 2010, it is easy to find these titles full amount of the headlines just like "Toyota’s Global Recall", "Nissan’s Global Recall", "GM’s Global Recall" and so on, at one time auto vehicle defect was becoming the subject of feverish speculation. Those global recalls have the more extensive influence, more problems and the deeper damage.In this form, our Chinese citizen’s personal and property rights and interests are facing the real threat from the defect auto vehicle. auto vehicle is different from common vehicle, if common vehicle has defect, it only reduce the operating value, but if auto vehicle has defect, the traffic accident cause by it may give the user and property the most serious strike, even threaten the social public security. Cause of this particularity, it’s necessary to make it as a substantive research direction, so the selected topic of this text is "Research on Tort Liability of Defective Motor Vehicles in China"At present our country’s product liability system is not complete, in order to prevent its occurrence and when it occurs citizen’s right can have promptly relieve, the problem of tort liability of defective motor vehicles must cause enough importance by aw circle. For a long time foreign auto firms carried out the discrimination behavior and the explosion auto industry present situation that after our country enter WTO, those are all force us to built up a set of complete consort China’s actual conditions tort liability of defective motor vehicles system. <Defective Motor Vehicles Administrative Provisions> carried out in 2004.10.01 and <Tort Law> that will be carrying out in 2010.07.01, these provide a basic frame for our research. This text use these two norms as base, use comparative analysis, instance analysis and economics of law analysis and so on, link the theory and practice to make monographic study about tort liability of defective motor vehicles. First, this text start from the basic concept of tort liability of defective motor vehicles, introduce the interface and account standard of the auto vehicles ’conception, defection vehicles’ conception by the numbers. After that, there has a detailed dissertation with the Criterion of liability, constitutive requirements and Responsibility taking about tort liability of defective motor vehicles. In addition, it takes a independent analysis to the exceptive regime for compensation about the tort liability of defective motor vehicles system. At last, there put over some deficiencies about the tort liability of defective motor vehicles system. Due to this thinking, this text is divided into four parts:The First Part, above all, through to analyze the provision about auto of <Recalls of Defective Automobile Products>,<the Explanation of Nouns about Recalls of Defective Automobile Products>,<Motor Vehicles and Trailers-Types-Terms and Definitions>(GB/T3730.1-2001), summarize the auto vehicles’ quality meaning in the legal frame work of our country at present. At the same time, compare the definition of defection vehicles in foreign and our country’s laws and regulations, and arrive at the definition of defect that should adopt in the defect auto vehicle tort liability. After determine the defection definition, to further combine the legislation at home and abroad and summarize the kinds of auto vehicle defect: manufacturing defect, caution defect and developmental disability, also explain the meaning of developmental disability that account by our country.Next, compare article 66 of <Law on Product Quality> and article 5.2 of <Formulate> to summarize that, our country adopt "have unreasonable danger" and "not conform to compulsory standard" regarding on the product flaw and recognized standard. compulsory standard suit to account manufacturing defect; unreasonable danger suit to account other kind of defect. And then introduce the decision method of unreasonable danger standard, through the reference of each country’s legislation experience; get those three consumers expectance analytical method, Cost benefit analysis techniques, Bake dichotomy analytical method. According to condition of our country and existing system of law, a cost benefit analysis technique is suit to be the unreasonable danger standard’s decision method.The Second Part, first, introduce educational circles on the debate about the criterion of liability of <Tort Law>, this text expect criterion of liability of liability for compensation for infringement of rights is not the criterion of liability of tort liability by comparative analysis. Defect auto vehicles tort liability include:liability without fault criterion of liability and liability for wrongs criterion of liability. In liability without fault criterion of liability, analyze the reason that manufacturer and seller so strict; in the liability for wrongs criterion of liability discusses together with offence understand liability. Next, through to the concerning provision of tort liability of defective motor vehicles at home and abroad, sum up the liability without fault’s constitutive requirements in defect auto vehicles tort liability:(1) the auto enter the market with defect, (2) have damage, (3) have causality; in defect auto vehicles tort liability, liability for wrongs include: (1) subjective, (2) objective aspects, (3) causality. Once again, discuss the problem of liability assume of the defect auto vehicles tort liability. Than sum up the two form of joint liability and vicarious liability in defect auto vehicles tort liability. Further to com up <Formulate> and <Law on Product Quality> obtain that defect auto vehicles tort liabilities assume ways include exclusion of hindrance, elimination of dangers and damages. At last, strict liability is not absolute liability, on trial, manufacturer, and seller can prove they have impunity reason and irresponsibility.The Third Part, first, lead by Jameson litigate Fort, the punitive regime for compensation of defect auto vehicles tort liability, cause of its function has distinct different, it is necessary to discuss single handed. Next, through to sum up the legal provision and example, expound the necessity that our country lead into <Law on Product Quality>. Last, lead into punitive damages, in order to cut down the effect of tort law to the own system, it must on the basis of adequate condition: (1) manufacturer, seller knows the defect (2) still produce, sell (3) harm others life, health, prevent the punitive damages is abused.The Forth Part, this text pass by the defect auto vehicles tort liability, see the superiority of our country’s system, at the same time, there’s also insignificance, here, aim these insignificances to propose some suggestions, expect they have succor to the legislator when they build complete system. First, give examples to expound in the <Law on Protection of the Rights and Interests of Consumers>, use market price as punitive compensation is not fit the regime for compensation in <Law on Product Quality>. The text consider that, borrowed the behavior from Taiwan, use damages in delicate as punitive damager’s Service Costs. After that, expound the reason that use 3 times’ damages as the highest and the judge need to pay attention to the matters need attention. Than, in order to avoid article 66 of <Law on Product Quality> become "umbrella" of the unconscionable businessman, the text suggest amending it, using a unified defect the product accreditation standard. At last, need to write the "cost effective" decision method into <Law of RPC on Quality of Domestically Produced Products Enforcement Regulation>, so as make the unreasonable risk standard have maneuverability, completely exert its sheltering effect to Consumer right.

Research on Tort Liability of Defective Motor Vehicles in China

Abstract

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