产品缺陷责任主体的确定——以美国法为主要考察对象

How to Definite the Persons Liable for Product Defect—with the Object of American Law principally

产品缺陷责任主体,是指当缺陷产品致人损害时,应承担相应的民事责任的主体。美国法对产品责任主体的规定着眼于"商业性的销售者",通过《侵权法重述》和判例,逐步扩展了商业性销售者的范围。而产品缺陷责任主体正是以营利为目的从事营利性行为的商主体,确认产品责任之责任主体的依据恰是商法效益至上与民法追求公平这二者之间的博弈。

The persons liable for product defect are those who should bear their respective civil liability if a defective product causes property damage or physical injury to others. According to law in American, the persons liable for product defect refer to any sellers in the business whose scope was gradually expanded by Restatement of the Tort Law and prejudicatian. If we view the issue from a different perspective, the persons liable for product defect are just commercial subjects who are undertaking profit - making activities？ in order to seek profits, and the very foundation as which regarded product liability is the game playing between supremacy of benefit in business law and following fairness in Civil law.