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The Research on the Rule of Products Liability

Author: ZhouShuangHui
Tutor: HuangLiPing
School: Wuhan University of Technology
Course: Economic Law
Keywords: Doctrine of liability of fixation efficiency justice aequitas
CLC: D923.8
Type: Master's thesis
Year: 2006
Downloads: 254
Quote: 2
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Abstract

The doctrine of liability of fixation in product liability is refers to the standard and rule that determine the liability for damages of product producers or sellers when they produce or sell products with flaw and cause consumers suffer harm.The doctrine of liability of fixation in product liability is not merely the constitutive requirement of product liability, onus probandi allocation as well as the standard of escape clause, but also the epitomization of intrinsic value of product liability.The doctrine of liability of fixation in product liability manifests directly that country’s benefit balancing the relationship between producers and consumers in the process of economy developing, and reflects the law circle’s understanding and utilization on legal thoughts,such as justice, efficiency, fair and so on in this country.Therefore, there is important theory and practice significance on the research of doctrine of liability of fixation in product liability.The doctrine of liability of fixation in product liability experiences the evolution of contractual liability, negligent liability, and strict liability in its long-term historical development process.he development and evolution of the doctrine of liability of fixation in product liability is closely linked with society’s politics, economical, thought factors in certain time, and also has certain relations with each country’s law tradition difference and level of economy development.Taken all in all, the process of development and evolution of product liability is a process of balancing the relationship between efficiency and justice, also the embodiment of specific intrinsic mission awarded in different times.Hence, we must understand first the intrinsic mission of product liability law at the present time is what, if we would like to study the development of the doctrine of liability of fixation in product liability.Our country is a developing nation with large populations. How to develop our economy fast is an important question in the construction of our country at all times.Especially after entering WTO, facing on keen international competition, it is our country’s special legislation background of our product liability law that how to safeguard the security of consumers’life and property,also maintain the fast step of market economy construction.Accordingly,in order to safeguard the continual growth of our economy, our doctrine of liability of fixation in product liability must have the value of efficiency.The fast economical development, not only has brought more and more material products day by day, but also caused massively unqualified evencounterfeit and shoddy products to flood the market, which has caused consumers to suffer massive loss.For that reason, in order to protect consumer’s legitimate rights and benefits, our doctrine of liability of fixation in product liability must have the value of justice.In summation, our doctrine of liability of fixation in product liability must both have the value of efficiency and justice.

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