论文部分内容阅读
对我国产品责任的归责原则学界存在不同的观点,笔者以为我国产品责任在面向受害人产品责任归责原则问题上是单一的严格责任,过错责任不是面向受害人的归责原则,而是确定生产者与销售者的最终责任的归责原则。因此,笔者建议在今后有关产品责任立法中,为更好地维护消费者的利益,应明确销售者承担产品责任的归责原则为无过错责任,在语言表达上应尽量做到精确,避免法律理解的分歧与法律适用上的混乱。
There are different views on the principle of imputation of product liability in our country. The author thinks that the product liability in our country is a single strict liability on the principle of imputation of the victim product liability. The fault liability is not the principle of imputation facing the victim, The principle of liability for the ultimate responsibility of producers and sellers. Therefore, the author suggests that in the future legislation on product liability, in order to better safeguard the interests of consumers, it should be made clear that the principle of liability of sellers responsible for product liability is a faultless liability, and the language should be as precise as possible to avoid legal Differences in understanding and confusion in the application of law.