中国的产品责任法
PRODUCT LIABILITY LAW IN THE P. R. CHINA
孙文杰
【摘要】The development of product liability law in China is still in its early stages. Laws in this area are somewhat fragmentary rather than systematic. The earliest concerns on product liability can be traced back to the Law of the P. R. China on the Administration of Pharmaceuticals in1984 (APL), in which it set out legal responsibilities upon producers and sellers in this specific business. The APL mainly targets the management and control on the production and marketing of pharmaceuticals products with few provisions concerning product liability resulting from product-related physical injury to the user of the product.
【关键词】product liability law, China, early stage
【全文】
PRODUCT LIABILITY LAW IN THE P. R. CHINA
1. An Introduction to Product Liability Law in China
The development of product liability law in China is still in its early stages. Laws in this area are somewhat fragmentary rather than systematic. The earliest concerns on product liability can be traced back to the Law of the P. R. China on the Administration of Pharmaceuticals in1984 (APL), in which it set out legal responsibilities upon producers and sellers in this specific business. The APL mainly targets the management and control on the production and marketing of pharmaceuticals products with few provisions concerning product liability resulting from product-related physical injury to the user of the product.
Since the promulgation of the General Principles of Civil Law (GPCL) in 1987, the law firstly introduced general product liability provisions. Article 122 of GPCL provides:
‘If a substandard product causes property damage or physical injury to others, the manufacturer or seller shall bear the civil liability according to law. If the transporter or storekeeper is responsible for the matter, the manufacturer or seller shall have the right to demand compensation for its losses.’ This Article indicates that the civil liability may result from any defective product (substandard product). For most products, they must meet the national or local standards in order to establish a defense for the liability. However, Article 123 of GPCL also imposed strict liability upon those undertaking greatly hazardous works. Article 123 says:
