软件存在缺陷导致损害,其提供者是否应当承担类似于有形物质产品责任的严格责任?这是一个值得研究的问题。严格责任扩展到新领域既不符合产品责任法的发展趋势,又会给软件组件供应商带来大量新的问题。严格责任仅仅适用于制造缺陷,对于设计缺陷以及警示缺陷被告应该承担过失责任。在现有技术状况下,软件属于应受严格责任豁免的产品类别。过失标准应该成为智力信息产品的归责依据。 Software flaws lead to damage, and should its providers be held strictly responsible for the tangible product liability? This is a question that deserves research. Strict liability extended to new areas does not meet the development trend of product liability law, but also to software component suppliers to bring a large number of new problems. Strict liability applies only to manufacturing defects, for design flaws and warning defects defendants should bear fault liability. Under the state of the art, the software is a product category that is subject to strict liability exemption. The standard of negligence should be the basis of imputation of intellectual information products.