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Product Defects and Product Defects Responsibility

Author: ShiXingLong
Tutor: ZhangQiuHua
School: Jilin University of Finance and Economics
Course: Economic Law
Keywords: Product defects Defect type Products Defects Liability Responsibility Principle Relief party
CLC: D923.8
Type: Master's thesis
Year: 2010
Downloads: 156
Quote: 1
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Abstract

With the market economy, the rapid development of new products hitting the market, the product defect litigation continues to grow. Therefore, in theory, what is the product defect, what is the responsibility of product defects, product defects Liability What is the principle of a systematic series of sorting out problems is very necessary. Defects in the system only for products with in-depth knowledge and understanding of the whole product can be understanding and deepen accountability. This article is in this basis, comparative analysis of methods used and empirical analysis, analysis of articles on the basic theory of product defect, product defect classification and assessment standard, product defects, and the Principle of Liability relief, the parties issues in-depth analysis, in order to make the product liability system defects can be clearly revealed by the framework.This article from the introduction, body and conclusion of three parts. Text is divided into four chapters, the first chapter is about the interpretation of the basic theory of product defect. First of all, clear product concept and compare the world of difference on the product concept; second, defines the product defects and product defects compared and its related notions main distinction between product defects and product defects distinction further clear What is a product defect, and thus lay the foundation for the discussion below.The second chapter discusses the specific categories of product defects and product defects identified standards. First, manufacturing defect, introduced what is manufacturing defects and their causes; Second, product design defects, design flaws described the origin and the identification of defects in product design standards; Finally, the product warning defects, described the warning is divided into two kinds of instructions and warnings, and analyzes its causes.The third chapter is the main part of this article, the main responsibility for product defect depth Analysis. First of all, discusses the concept of product liability and the nature of the defect, through a series of arguments to prove product defect liability is a tort liability. Second, further defined the responsibilities of the main product defects, so more conducive to the protection of the rights of victims; again, explained the principle of product defects Liability, obtained through the demonstration of its strict liability should apply the principle of attribution; Finally, product defect liability proposed remedies the parties, by means of powerful analysis of different remedies, can give parties with more choice.Chapter IV discusses the product liability problems and improve the legislative proposal. First of all, discusses the lack of product range and improve the recommendations provided; Second, it analyzes the principle of product liability law attributable to the shortage and improve; again, illustrates the inadequacy of relief and improvement of the parties; Finally, discusses the product liability provisions of the limitation of action deficiencies and improve the proposal.Conclusion of the text into a summary, called Anglo-American and other countries should learn from the experience, as soon as possible I had a special "Product Liability Law", a better sound system of product liability legislation.

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