中國與歐盟產品責任法律規範比較研究

PRODUCT LIABILITY IN EUROPE AND CHINA

現代商品的產銷過程變得非常複雜，乃至於產品的缺陷及其責任難以鎖定。如何通過規範產品責任而保護消費者的權益成為近幾十年備受關注的問題。在歐盟範圍，有關產品責任指令統一調整並確立了缺陷產品致害的嚴格責任原則，迄今積累了豐富的司法見解及學術研究成果。相比之下，中國對於產品責任系統性立法、司法和學術研究起步較晚，有關制度應對產品責任糾紛的法律依據交錯繁雜，往往需要訴諸不同法規一並解讀釋法，存在諸多不足之處，亟待完善。本文運用比較研究、案例分析、法律解釋等方法，試圖對兩大體制下的產品責任規範進行深入系統地評析，以期能對完善現有制度有所啟發。

In current times products have become very complex, similarly, the damages they can cause to the consumer are increasingly more dangerous. This scenario created a strong interest for consumer rights and producer liability in the last decades. Within the European Union, the major achievement was Directive 85/374/CEE, which aimed to harmonize producer liability amongst the Member States, mainly by imposing a strict liability regime. Since the Directive rules from 1985, there has been a long experience in case law (either in national courts, either in the European Court of Justice) and many studies have been published about this topic. Differently, in China the legal scenario is composed of many different regulations, to be read in conjunction, ones inspired by the European solution, others from North America. But since this regime is still quite new the case law is insufficient to completely clarify its terms and its content raises some doubts. In the present paper we will try to analyze and compare both legal solutions, pointing out its differences and similarities. Nowadays products have become so complex and potentially dangerous, and also due to a crescent concern regarding the consumer's rights, product liability is one of the main topics of litigation around the world. Despite the specificities of each legal order, there are some common notes that we can find in almost every jurisdiction, especially the imposition of a strict liability rule on the producer and the strong enforcement of consumer's rights. In the present article we will analyze and compare the legal situation on Europe and China regarding product liability, having especially in mind that this regulation is quite mature in Europe now, therefore, could influence the Chinese regime, though China went to look for huge inspiration also in the legal solution running in the United States.