China Product Liability
As we all know,in modern society, with the development of science and technology, more and more products of all kinds turn up and they possess more and more functions and become more and more complicated to use, which bring about the increasing risks and a lot of injuries when being used accordingly.
Therefore, recently a great deal of attention has been given to cases involving products liability. And those developed countries, areas or unions such as USA and the EU take pains to make legislation on the issue of products liability with the intention of protecting legal rights of consumers and users, in which the doctrine of strict liability is stipulated. When applied to these cases, this doctrine holds one reliable for injuries caused by a defective, unreasonably dangerous product that he has placed on the market.
In China, stipulation concerning production liability can be first traced in General principles of the Civil Law of the People’s Republic of China, in Article 122 of which stipulates “ If a substandard product causes property damage or physical injury to others, the manufacturer or seller shall bear civil liability according to law.” Later, it is stipulated in the Product Quality Law enacted in 1993 that the manufacturer of a substandard product should bear the corresponding administrative liability and criminal liability, besides civil liability. Obviously it is urgent that some improvement should be made in legislation on Product liability compared with legislation in developed countries.
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