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对于产品质量问题致使消费者受到人身伤害,该产品的制造商、销售商等责任方将对被损害人负有赔偿责任的产品责任问题,已经日益为世界各国所关注,产品责任法在世界范围内得到了迅速发展。而我国有关产品责任的立法却稍显滞后,至今尚无一部统一完整的产品责任法,只是在有关法律、法规中存在若干产品责任制度的规定。本文从产品责任的诉讼依据、产品责任损害赔偿的范围、产品责任诉讼的管辖权与法律适用和产品责任法与我国对外贸易四个方面进行了阐述,力求对我国产品责任立法工作做出贡献。
For product quality problems that cause consumers to personal injury, the product manufacturers, vendors and other responsible parties will be responsible for damages to the liability of the product liability issues, has been increasingly concerned about all countries in the world, product liability law in the world Within the rapid development. However, the legislation on product liability in our country is somewhat lagging behind. So far, there is no unified and complete product liability law, but there are some provisions on product liability system in relevant laws and regulations. This article elaborates from the four aspects of litigation basis of product liability, the scope of compensation for product liability, the jurisdiction and law of product liability litigation and the law of product liability and the foreign trade of our country, and tries to contribute to the legislation of product liability in our country.