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综观世界各国产品责任法之立法模式,有的扩大解释,将合同法与侵权法包含在内,有的制定了专门的产品责任法,如美国、德国等国家,而我国属于前者,并未制定专门的产品责任法,如《民法通则》第122条,《消费者保护权益法》等条款都有有关产品责任的规定,然而更多是规定于我国的《产品责任法》之中,由我国《产品责任法》规定的是,产品责任是指产品生产者、销售者因产品本身存在某种缺陷而造成他人损害应该依法应当承担的侵权责任,世界各国之所以要制定产品责任其中目的之一是使受害人因产品缺陷而导致的损害,从而能够从负有责任的生产一方或销售一方那里得到相应的补偿。而仅仅对于产品的要求与范围的研究,我国的研究数量是少之又少,因此,本文从已有的研究出发并进一步发掘,以期促进我国学术界中产品责任的发展。
Looking at the legislative model of product liability law in various countries in the world, some extend the explanation to include the contract law and tort law, and some have formulated specific product liability laws, such as the United States and Germany, while our country does not enact the former Specific product liability law, such as “General Principles of Civil Law” Article 122, “Consumer Protection Equity Act” and other provisions have provisions on product liability, but more is regulated in our country, “Product Liability Law” by the Chinese The “Product Liability Law” stipulates that product liability refers to the tort liability of the product producer and the seller who cause damage to others due to the existence of certain defects in the product itself, and one of the purposes for which countries in the world want to establish product liability Is to make the victim damage due to product defects, which can be responsible for the production side or sales side where there is a corresponding compensation. However, only for the research on product requirements and scope, there are only a few studies in our country. Therefore, this dissertation starts from the existing research and further excavates in order to promote the development of product liability in academia in our country.