From tradition to ecologization:transformation of the producer's product liability
The ecologization of traditional producer's product liability is an inevitable result of the requirement of developing an eco-logical society and the ecologization trend of the law.The traditional producer's product liability is limited to the protection of national,individual,and social interests in terms of its concept,purpose,and content.Therefore,it is hard for this liability to provide a basis for the assumption of preventive and actual ecological duties,to provide a guarantee for the relief effort of ecological interest damages,and to meet the requirement of developing an ecological society.However,with the development of an ecological society and the promotion of ecological civilization,not only have the realistic needs of ecological interest protection been strengthened,but the ecologization of the concept,theory,and purpose of product liability has also highlighted the legitimacy and necessity of the ecologization of traditional producer's product liability.Meanwhile,the theory of ecological legal liability,the ecologization of product policies,and the ecologiza-tion of law also provide a guarantee for the feasibility of the ecologization of traditional producer's product liability.Thus,the ecologiza-tion of traditional producer's product liability should be promoted from the perspectives of the concept,purpose,and content of product liability in substantive law.The concept,purpose,and content of the'green,recycled,low-carbon'concept of ecological liability should be incorporated throughout the entire lifecycle of producers' products and internalized by producers as behavioral consciousness in product design,production,sales,and waste product recycling.A holistic liability system should be established so that traditional lia-bility and ecological liability can complement,collaborate,and communicate with each other.In procedural law,the relief model of sep-arating public and private interests should continue to be used so that the function and efficiency of the existing system can be exerted and the failure of prevention and relief caused by excessive demands on existing judicial organs,judicial systems,and judicial person-nel can be avoided in cases where public and private interests are intertwined.Naturally,to prevent the generalization of producer's product liability,the ecologization of traditional producer's product liability should be based on necessity rather than being an unlimit-ed process,which should neither hinder the function of traditional product liability nor break through the limitations and provisions of objective conditions such as time,space,and facts in investigating product liability.
ecologizationecologization of lawecologization of liabilityecological legal liabilityproducer's product liability
万方数据
维普
