2012Beifang faxueRequires access

Product Liability System in China:Achievements Maintenance and Innovation

Zhang Xin-ba

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Abstract

Compared with regulations on product liability in the Product Quality Law,there are both maintained achievements and innovations in Chapter Five of Tort Law.Accordingly,as to interpretation and application of law,these two laws should be integrated for systemic interpretation and such principle as special law or new law prevails is not suggested to be strictly applied to.In Tort Law,since are not redefined in product liability,monetary loss of product itself cannot be defined as damages.Damages for mental distress can be applied to product liability cases.Further,applicable regulations on punitive damages require more instructive judicial interpretations by the Supreme People's Court.

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Compared with regulations on product liability in the Product Quality Law,there are both maintained achievements and innovations in Chapter Five of Tort Law.Accordingly,as to interpretation and application of law,these two laws should be integrated for systemic interpretation and such principle as special law or new law prevails is not suggested to be strictly applied to.In Tort Law,since are not redefined in product liability,monetary loss of product itself cannot be defined as damages.Damages for mental distress can be applied to product liability cases.Further,applicable regulations on punitive damages require more instructive judicial interpretations by the Supreme People's Court.

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Available abstract

Compared with regulations on product liability in the Product Quality Law,there are both maintained achievements and innovations in Chapter Five of Tort Law.Accordingly,as to interpretation and application of law,these two laws should be integrated for systemic interpretation and such principle as special law or new law prevails is not suggested to be strictly applied to.In Tort Law,since are not redefined in product liability,monetary loss of product itself cannot be defined as damages.Damages for mental distress can be applied to product liability cases.Further,applicable regulations on punitive damages require more instructive judicial interpretations by the Supreme People's Court.

Key concepts: Product liability, Tort, Punitive damages, Strict liability, Law, Damages, Product (mathematics), Business

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