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产品责任是指因缺陷产品造成消费者或使用者人身伤害或财产损失,产品的制造者或销售者所应承担的法律责任。从19世纪末起,西方各国相继建立了比较完备的产品责任法律制度,其目的在于监督企业提高产品质量,保护消费者利益。我国产品责任法的理论研究正在兴起,立法亦逐步完善。本文拟结合西方各国的立法状况,就我国产品责任案件的损害赔偿范围提出个人的看法,以供立法和理论研究参考。
Product liability is the legal responsibility of the manufacturer or seller of the product as a result of personal injury or property damage to the consumer or user due to the defective product. Since the late 19th century, all western countries have successively established a relatively complete legal system of product liability, which aims at supervising enterprises to improve product quality and protect consumers' interests. The theoretical research on the law of product liability in our country is on the rise and the legislation is also gradually improved. This article intends to put forward personal opinions on the scope of the damages of the product liability cases in our country for the legislative and theoretical research with the legislative status of all countries in the world.