产品责任抗辩事由研究

产品责任的理论与实践经历了从合同责任到侵权责任,从过失责任到严格责任的发展过程.随着严格责任这一归责原则的确立,消费者的权益得到极大保护,与此同时,生产者的责任大大加重.与生产者相比,消费者处于弱势地位,利益固然要受到保护,但是生产者的利益也不应当被忽视.产品责任法应当允许生产者在产品责任诉讼中提出正当的抗辩事由,以平衡生产者与消费者之间的利益需求.

Study of Defenses to Product Liability

Theory and practice of product liability has undergone a developing process from contract liability to tort liability and from fault liability to strict liability. With the establishment of the principle of strict liability, the consumerg rights have been greatly secured, and at the same time, more responsibility has added to the producer. Compared with the producer, the consumer is in an inferior position. No doubt the latter~ interests should be protected, but the formerg interests cannot be ignored. In order to balance the interest demand between the producer and consumer, the law of product liability should allow producers to present legitimate defenses in the litigation of product liability.