论缺陷汽车召回中的侵权责任
发布时间：2018-08-25 18:51
【摘要】：近年来,因汽车产品缺陷而发生的事故时有报道。中国的汽车消费者也逐渐对“召回”一词耳熟能详,而之所以对汽车产品进行召回,正是因为所涉及的汽车产品存在缺陷及缺陷所导致的重大安全隐患。汽车召回制度正是为解决汽车产品缺陷以及相关问题而产生的法律制度,在国外已经过了很多年的实践,而在国内却是蹒跚学步。 目前,我国汽车召回制度所涉及的法律规定有限,包括《中华人民共和国产品质量法》(以下简称《产品质量法》)、《中华人民共和国消费者权益保护法》(以下简称《消费者权益保护法》)、《中华人民共和国侵权责任法》(以下简称《侵权责任法》)、《中华人民共和国合同法》(以下简称《合同法》)、《缺陷汽车产品召回管理规定》(以下简称《汽车召回规定》)、《缺陷汽车产品召回管理条例(征求意见稿)》(以下简称《汽车召回条例(征求意见稿)》)等。但是这些法律或相关规定要么只从行政法的角度关注汽车产品的缺陷修复本身,要么对缺陷所导致的侵权责任规范得不够完善。这些法律规范中,真正针对汽车产品缺陷导致他人人身、财产损害而产生的侵权责任的规定显得非常粗陋,且存在许多值得商榷的地方。 笔者认为,无论是从法律法规的相关规定出发,还是从社会现实的迫切需求出发,都应当从以下几方面对汽车召回中侵权责任的相关规定进行合理的理解和完善：第一,需要将“缺陷”与“质量不合格”这两个概念进行明确区分,将“缺陷”的概念用于汽车召回制度之中；第二,将零部件供应商、缺陷设计方案的设计者纳入到责任承担主体之中；第三,将产品质量侵权中的生产者与销售者之间的责任形态认定为不真正连带责任,以便准确应用；第四,对因消费者的过错而减轻相关主体的责任,从因果关系的角度进行理解,以避免产生误解；第五,通过修善《侵权责任法》第四十七条,避免具有主观恶性的相关主体逃避惩罚性赔偿制度的调整,并合理确定惩罚性赔偿的限度。希望本文能够促进《侵权责任法》在汽车召回制度中的侵权责任问题上,适用得更加合理、有效,以积极地配合汽车召回制度的构建,为保护消费者利益、维护人民群众的生命、财产安全贡献自己的绵薄之力。
[Abstract]:In recent years, accidents due to defects in automobile products have been reported. Chinese automobile consumers have become familiar with the word "recall", and the reason for the recall is because of the defects of the automobile products involved and the major safety risks caused by the defects. The system of automobile recall is just to solve the defects of automobile products and related problems produced by the legal system, in foreign countries has been many years of practice, but in the domestic is a toddler. At present, the laws and regulations involved in the automobile recall system in China are limited. Including the Product quality Law of the people's Republic of China (hereinafter referred to as the Product quality Law), the Consumer Rights and interests Protection Law of the people's Republic of China (hereinafter referred to as the Consumer Rights and interests Protection Law) and the Tort liability Law of the people's Republic of China ( Hereinafter referred to as "Tort liability Law", "contract Law of the people's Republic of China" (hereinafter referred to as "contract Law"), "regulations for the Administration of defective Automobile products recall" (hereinafter referred to as "Automobile recall provisions"), < regulations on the Administration of defective Automobile products recall Draft for comments) > (hereinafter referred to as "regulations on Automobile recall (draft for comments)"), etc. But these laws or related regulations focus only on the defect repair of automobile products from the perspective of administrative law, or the norms of tort liability caused by defects are not perfect enough. In these laws and regulations, the provisions of tort liability caused by the defects of automobile products causing personal and property damage to others appear very crude, and there are many questionable places. The author believes that whether from the relevant provisions of laws and regulations or from the urgent needs of social reality, we should understand and improve the relevant provisions of tort liability in automobile recall from the following aspects: first, A clear distinction needs to be made between the concepts of "defect" and "quality failure" and the application of the concept of "defect" to the vehicle recall system; second, suppliers of parts and components, The designer of the defect design scheme is included in the main body of liability; third, the liability form between producer and seller in product quality infringement is recognized as non-genuine joint and several liability, so that it can be applied accurately. To lighten the liability of the relevant subject because of the fault of the consumer, from the angle of causality, to avoid misunderstanding. Fifthly, by improving Article 47 of the Tort liability Law, Avoid the subjective malignant subject to evade the adjustment of punitive damages system, and determine the limits of punitive damages. It is hoped that this paper can promote the application of the Tort liability Law to the issue of tort liability in the automobile recall system more reasonably and effectively, in order to actively cooperate with the construction of the recall system and to protect the interests of consumers. To safeguard the lives of the people and to contribute to their own property safety.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D923;D922.29
[Abstract]:In recent years, accidents due to defects in automobile products have been reported. Chinese automobile consumers have become familiar with the word "recall", and the reason for the recall is because of the defects of the automobile products involved and the major safety risks caused by the defects. The system of automobile recall is just to solve the defects of automobile products and related problems produced by the legal system, in foreign countries has been many years of practice, but in the domestic is a toddler. At present, the laws and regulations involved in the automobile recall system in China are limited. Including the Product quality Law of the people's Republic of China (hereinafter referred to as the Product quality Law), the Consumer Rights and interests Protection Law of the people's Republic of China (hereinafter referred to as the Consumer Rights and interests Protection Law) and the Tort liability Law of the people's Republic of China ( Hereinafter referred to as "Tort liability Law", "contract Law of the people's Republic of China" (hereinafter referred to as "contract Law"), "regulations for the Administration of defective Automobile products recall" (hereinafter referred to as "Automobile recall provisions"), < regulations on the Administration of defective Automobile products recall Draft for comments) > (hereinafter referred to as "regulations on Automobile recall (draft for comments)"), etc. But these laws or related regulations focus only on the defect repair of automobile products from the perspective of administrative law, or the norms of tort liability caused by defects are not perfect enough. In these laws and regulations, the provisions of tort liability caused by the defects of automobile products causing personal and property damage to others appear very crude, and there are many questionable places. The author believes that whether from the relevant provisions of laws and regulations or from the urgent needs of social reality, we should understand and improve the relevant provisions of tort liability in automobile recall from the following aspects: first, A clear distinction needs to be made between the concepts of "defect" and "quality failure" and the application of the concept of "defect" to the vehicle recall system; second, suppliers of parts and components, The designer of the defect design scheme is included in the main body of liability; third, the liability form between producer and seller in product quality infringement is recognized as non-genuine joint and several liability, so that it can be applied accurately. To lighten the liability of the relevant subject because of the fault of the consumer, from the angle of causality, to avoid misunderstanding. Fifthly, by improving Article 47 of the Tort liability Law, Avoid the subjective malignant subject to evade the adjustment of punitive damages system, and determine the limits of punitive damages. It is hoped that this paper can promote the application of the Tort liability Law to the issue of tort liability in the automobile recall system more reasonably and effectively, in order to actively cooperate with the construction of the recall system and to protect the interests of consumers. To safeguard the lives of the people and to contribute to their own property safety.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D923;D922.29
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