论我国出口商对美贸易中产品责任的免责抗辩（On the exemption policy of Chinese exporters liability for products in US trade）.doc

论我国出口商对美贸易中产品责任的免责抗辩（On the exemption policy of Chinese exporters liability for products in US trade） On the exemption policy of Chinese exporters liability for products in US trade Author: Zhang Shuhua With the continuous development of Chinas trade with the United States, the product liability litigation of export products in the United States is increasing day by day, and the amount of claims is also increasing day by day, which has caused serious losses to Chinas export interests. This phenomenon, one is because of Chinas export products quality problems do exist, because two of American products liability law formed early, perfect mechanism, punishment more severe, but we also dont know much, can not effectively use these laws to protect our interests. Therefore, in order to reduce Chinas export product liability risk, Chinas exporters in efforts to improve product quality at the same time, should understand the legal system of product liability, so that in case of product liability litigation, can make full use of the laws of the United States, effective defense, reduce or exempt responsibility, effectively protect the interests of Chinese export enterprises. I. characteristics of the legal system of product liability in the United States The legal system of product liability in the United States has the following characteristics: Firstly, the American product liability law traditionally regards case law as its main source. In recent years, many states in the United States have developed a special product liability law on the basis of fairly complete case law, making the formulation of law one of the sources of product liability law. The American Product Liability Act is mainly state law, not federal law. With the development of modern industry, the call for unified product liability law is becoming louder and louder. The United States Department of Commerce issued the model law on uniform product liability in October 1979. This law is only partially passed in