무역상무연구 (THE INTERNATIONAL COMMERCE & LAW REVIEW)
- 제25권
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- Pages.243-266
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- 2005
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- 1229-2036(pISSN)
중국의 제조물책임 관련법규와 사례연구
The Product Liability Laws and Regulations of China and Case Study on Product Liability
초록
Product liability is becoming a real issue to exporters, manufacturers world wide. The purpose of this study is to examine the product liability of Korean exporters, manufacturers, etc. under Product Liability Laws and Regulations of China. For this purpose, firstly we deal with the Product Liability Laws and Regulations of China. Secondly we analyze the case study concerning the Product Liability in China. From the analysis of case study, Korean exporters, manufacturers, etc. are required to pay close attention to the following : the correspondence of English with Chinese in the warning phrases, the possibility of application of strict global standard in case of existence of product liability, the proper treatment of evidence in the process of litigation, the application of strict liability and the shift of responsibility for evidence on to a defendant, the observance of procedures prescribed by the country in design and manufacture of the product, the manufacture of product to come up to country standard in quality, the consideration of diverse expression in the preparation of warning sign, the importance of quality control and inspection system in case of local procurement of parts and raw materials, Finally, this paper contributes to help the Korean Exporters, Manufacturers, etc. to build up the proper countermeasures regarding product liability under the product liability regulations of China.