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Certain Legal Analysis about Product Liability

Author: RenXiaoYan
Tutor: LiXiaoHua
School: Nanchang University
Course: Economic Law
Keywords: Product Liability Principles of attribution Product Product defects Damages
CLC: D923.8
Type: Master's thesis
Year: 2010
Downloads: 190
Quote: 0
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In recent years, with the progress of science and technology, the rapid development of the market economy, the products on the market has become more abundant, to meet the growing needs of life of the vast number of consumers at the same time, the disputes on the issue of product quality up more gradually. Sanlu infant milk powder incident that shocked the nation, tea carcinogenic event in human civilization developed, infringement cases are still frequent, but arouse people's reflection. When the market economy develops to a certain stage, stretch the capacity of self-regulation of the market, the level of macro-control put forward higher requirements. State regulation of the economy has not merely at the policy level, only the rule of law, only to have the predictability and stability. Embodied in the field of product liability law, mainly as follows: Product liability laws with the times, to maintain coordination of the legislation and practice of social relations between the parties to the principle of no-fault liability as General Principles of Responsibility Contract specifications have been can not adjust the midst of social relations between businesses and consumers, as well as third party. Therefore, the Product Liability Act requires further systematic and operable before they can promptly and effectively protect the legitimate rights and interests of victims. Product liability law is the general term of the maintenance products, buyers, users and other relevant parties to the legitimate interests of legal norms. When the buyers of our products, users and other relevant parties suffered personal injury or property damage, product liability law that the meaning of existence is to determine the producers, sellers, as well as warehousing, transportation and other responsibilities and legal responsibility to make They receive compensation, the damage has reasonable remedial. \composition and commitments, and then put forward legislative proposals to improve our current product liability legal system. In this paper, the discussion focused on \Chapter 1 Overview of product liability. This chapter begins to illustrate the meaning of product liability, product liability bodily injury or property damage is caused by a defective product, the producer of the product, sales, and other relevant persons responsible should bear the special tort liability. Secondly, the characteristics of the product liability and China in the field of product liability legislation survey. Chapter 2, combined with our product liability legislation analysis and interpretation of the status quo, the establishment of the Product Liability. This chapter is from the Product Liability Fixation, two main aspects of the constituent elements of the product liability product liability were combing. Product Liability under the principle is the premise and foundation to pursue product liability, only correctly grasp Items Principles of Responsibility, to do correct application of the law. The composition of the product liability is subject to infringement ultimately bear tort liability, including defective products, damage to the facts and defective products and damage to the fact that the causal relationship between. Chapter 3 around the \Chapter 4 presented legislative proposals to improve our product liability legal system. Law because of its relative stability, before they have a reliable, but due to the rapid development of social relations, legal norms developed by people and there must be a certain lag, which requires lawmakers to make the appropriate adjustments in a timely manner to the legal norms that the laws are forward-looking, so as to regulate the changing social relations. Our current product liability legal system, its theoretical foundation and institutional framework has been lagging behind, especially specific to the field of food safety norms, can not meet the people's growing awareness of the rights and needs of social development, legislators need to its perfect. The last part of the conclusion, generally the full text and summary sublimation. This section is a summary of the full text of the socialist market economy transition period, the product liability law should reflect the characteristics of the development of the economy of science, the legitimate rights and improve their own systems and structures to promote economic development and protect consumers equity.

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