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The Research on Principle of the Liability of Product Quality

Author: WangZuoJuan
Tutor: LiuGuoQing
School: Jilin University of Finance and Economics
Course: Economic Law
Keywords: Responsibility for product quality Product liability Imputation Principles Strict liability Guarantee obligations
CLC: D923.8
Type: Master's thesis
Year: 2010
Downloads: 223
Quote: 0
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Abstract


Product quality problem is a strategic issue in economic development, and product quality of the work is an important part of the economic work, the level of product quality is a comprehensive reflection of a country's economy, science and technology, education and management level, affecting the national economy and foreign trade one of the important factors for development. China's socialist market economy continue to in-depth development, product quality issues become increasingly complex, more and more product quality disputes. In the face of the complexity of the product quality disputes, the strict distinction between producers and sellers should bear the responsibility for product quality is particularly important. So, our responsibility for product quality should be combined with the existing laws of our country with the level of economic development, from a realistic point of view, the development of product quality responsibility system in line with China's national conditions. The first part of the article focuses on the overview of the responsibilities of the quality of our products. Our quality of products liability law, the provisions of the producers and sellers as the main responsibility for product quality. Only clearly should bear the legal responsibility of the main obligations to determine liability shall bear the main responsibility for violation of the law. The third chapter focuses on the \Determine broad responsibility for product quality is divided into three conditions, including the implied warranties conditions express warranties conditions and product defects. This distinction between fundamentally different criteria and product liability. The second part focuses on the different theoretical perspectives of our existing imputation principle responsibility for product quality are discussed there own lack of conclusions to draw any kind of pure Product Liability principle, which is the legislative system should be responsive contrary to this theory the level of economic development. Our \In addition, in today's IT development, should also absorb new ingredients as auxiliary imputation principle, the principle of reliance interests such as market share liability principles and information products. The third part through the development Overview of foreign common law and civil law on product liability, come the responsibility for the quality of our products and foreign product liability exists essentially different, and our producers and sellers of product liability presented binary nature. We should start from the practical point of view of our country, the first to establish a product liability strict liability; Second, due to the wide range of responsibility for the quality of our products, we should learn from the practice of the United States, both the guarantee liability and strict liability applicable. The fourth part is the last part of the article, is the focus of the article. Further elaborated this part of the Principles of Responsibility deficiencies in the existing legal system in China, and the combination of building warranties and strict liability product quality responsibility system. For building product liability, the paper proposes the principle of strict liability should be clear in the relevant provisions of the product liability. And to extend the scope of strict liability to sellers, which helps the unity of our product liability applicable principles. Improve our system of warranties, I think the first thing should be to improve the conditions of the guarantee, it is a good specification producers and sales by operating activities. In addition, you should also strengthen the enforcement of the guarantee conditions. China's Standardization Law, Product Quality Supervision and Trial Procedures law to improve the law enforcement agencies of law enforcement, so that the guarantee conditions for the smooth implementation. In this paper, the connotation of responsibility for product quality, the substance of product liability is narrowly responsibility for product quality. Article to support strict liability as a principle of responsibility for the product liability of manufacturers and sellers. Another part of the responsibility for product quality, including producers and sellers should bear the responsibility for product quality, guarantee obligations shall apply. So to sum up, China's product quality responsibility should be to build the combined responsibility of the security responsibility and strict liability regime. China's new \can provide timely legal basis for the endless stream of new legal issues.

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