Defense of regulatory compliance in product liability
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    Abstract:

    Regulatory standard is the standard which the manufacturer should follow. What the defense of regulatory compliance refers to is that when the product which conforms to the mandatory standard incurs the damage, the responsibility of the manufacturer could be diminished or exempted. Mandatory standard and the standards in tort litigation each has its own merits while China’s courts’ blind worship of the mandatory standard makes it endow the defense of regulatory compliance with more weight even finality. Courts’ refer to mandatory regulation virtually shows refer to the legislature and judicial, but this will result in no remedy for the injured when the product which causes the damage conforms to mandatory regulation. The role of the defense of regulatory compliance should be diminished to the extent that it could not only protect the right of the injured but also encourage the manufacturer to invent new products.

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董春华.论产品责任法中的符合强制性标准抗辩[J].重庆大学学报社会科学版,2015,21(4):141~147

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History
  • Received:March 10,2014
  • Revised:
  • Adopted:
  • Online: July 13,2015
  • Published: