产品侵权责任研究

论述了产品侵权责任的构成要件、法律特征、责任承担、损害赔偿等理论。提出了完善我国产品责任制度的观点:对于“产品”的内涵及外延应作合理界定;应进一步完善缺陷的认定标准;应确定产品的销售者承担严格责任的原则;应对受害人因人身伤害引起的精神损害进行赔偿。

Study in liability for tort of the products

This text has made a concrete analysis and described to the question of liability for tort of the products,put forward the measures of perfecting the liability for tort of the products further.First of all,"products" in the product liability law of our country should include electricity,coal,gas.Putting into the computer software of the field of circulation,etc.;Secondly,asserting that should adopt the elastic standard of defect of the products,namely "unreasonable and dangerous that the products exist";Third,the seller should undertake to rigorously enforce responsibility as producer;Fourth,the compensation range of the product liability should include spirit to damage.