Product Liability in the People's Republic of China

摘要

The rapid economic boom in the People's Republic of China (PRC) has become a legend. While the impetus for the boost originally came from the country being a good location for production and manufacturing for industrialised nations, emphasis has now shifted towards the growing importance of the Chinese market for goods and services, along with its large population of consumers. Hence, the topic of product liability has increasingly moved into sharper focus for producing and manufacturing companies in China as well as exporting companies to this country. Similarly, this change has been supported by the Chinese Government, and thus Premier Wen Jiabao announced the 'Year of Quality and Safety' of Chinese products on the 10th National People's Congress on 5 March 2009. This was followed by a proactive engagement in legislative and regulatory activities. During the opening meeting of the 11th National People's Congress on 5 March 2012, Wen Jiabao once again stressed the importance of progress in the area of consumer protection as well as the need to strengthen the control and administration of product quality and safety in order to safeguard consumers' interests. As a result, interest and attention have centred on topics such as product quality, product safety and liability, creating increased public awareness. In particular, consumers are increasingly willing to enforce their claims of defective products. Consequently, it is crucial to understand and familiarise oneself with existing laws and regulations for companies carrying out sales activities and operating in China in order effectively to incorporate and adapt to the issue of product liability. This article provides an overview of the legal framework regarding product liability in China by drawing on respective regulations manifested in public, criminal and especially civil law.