2006Journal of Jiangxi Blue Sky UniversityRequires access

Analysis on the Status Quo of China’s Product Liability Law

Qin Xiao-hong

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Abstract

There are some terms in the Product Liability Law need to be modified in our country. We don't have independent and formal product liability law in legislation system, therefore, the responsibility-attributing principle of the Product Quality Law cannot protect the consumers' benefits well, and the criteria for determining the product defects is not helpful for protecting the consumers' legal benefits. As regards the compensation for victims, here comes the problem of limited compensation scope and inadequate compensation refunds. The concept of product and determination of its scope stipulated in the Product Liability Law are not unified, even contradicted with each other, what's more, the stipulations for overseas product liability are far from enough. In order to repel the tortious conducts because of the quality problem and perfect the product liability law system, we should make a good effect in terms of legislative system, the responsibility-attributing principle of product liability, the criteria for determining the product defects, the compensation methods for the consumers, the determination of product liability and overseas product liability etc.

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What this paper is about

There are some terms in the Product Liability Law need to be modified in our country. We don't have independent and formal product liability law in legislation system, therefore, the responsibility-attributing principle of the Product Quality Law cannot protect the consumers' benefits well, and the criteria for determining the product defects is not helpful for protecting the consumers' legal benefits. As regards the compensation for victims, here comes the problem of limited compensation scope and inadequate compensation refunds. The concept of product and determination of its scope stipulated in the Product Liability Law are not unified, even contradicted with each other, what's more, the stipulations for overseas product liability are far from enough. In order to repel the tortious conducts because of the quality problem and perfect the product liability law system, we should make a good effect in terms of legislative system, the responsibility-attributing principle of product liability, the criteria for determining the product defects, the compensation methods for the consumers, the determination of product liability and overseas product liability etc.

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Available abstract

There are some terms in the Product Liability Law need to be modified in our country. We don't have independent and formal product liability law in legislation system, therefore, the responsibility-attributing principle of the Product Quality Law cannot protect the consumers' benefits well, and the criteria for determining the product defects is not helpful for protecting the consumers' legal benefits. As regards the compensation for victims, here comes the problem of limited compensation scope and inadequate compensation refunds. The concept of product and determination of its scope stipulated in the Product Liability Law are not unified, even contradicted with each other, what's more, the stipulations for overseas product liability are far from enough. In order to repel the tortious conducts because of the quality problem and perfect the product liability law system, we should make a good effect in terms of legislative system, the responsibility-attributing principle of product liability, the criteria for determining the product defects, the compensation methods for the consumers, the determination of product liability and overseas product liability etc.

Key concepts: Product liability, Scope (computer science), Strict liability, Product (mathematics), Business, Status quo, Liability, Legislation

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