【作者】 林秀丽；

【导师】 陈宝智；

【作者基本信息】 东北大学 ， 安全技术及工程， 2010， 博士

【摘要】 目前我国工业事故频发,产品安全问题凸现,生产安全和产品安全不仅影响生产与生活,而且往往造成人员伤亡、财产损失和环境污染,不利于社会的和谐稳定。从产品安全理念出发,进一步研究事故责任预防问题,对于寻找问题存在的症结,并探求解决问题的对策,具有重要的理论价值和现实意义。在研究事故责任理念演进过程的基础上,明确了事故责任正从事后责任向事前责任转移,即产品安全责任由使用者责任、制造商责任向包含设计者、政府等的责任在内的广泛地转移,而工业事故的责任也从工人个人责任向雇主责任、企业责任、政府责任转移,事故责任预防需从企业、政府等多层次进行。通过对国内外产品责任归责原则、产品缺陷的认定标准、抗辩事由、产品责任赔偿等问题的对比分析,指出我国虽建立了严格责任原则,但在法律制度方面还存在诸多问题,不利于保护产品使用者,不利于产品安全的实现。为此,产品责任法律制度应确立以缺陷为核心,针对不同缺陷的产品责任归责原则；改变以国家标准与行业标准等强制性标准为主的缺陷判定模式,引入风险-效益分析方法；产品责任抗辩应增加国家规定事项,增加产品缺陷事故赔偿数额和范围,增强法律的威慑作用。产品责任相关法律和产品责任现状表明,我国还没有树立产品安全理念,加强产品安全理念的研究、宣传、教育是当务之急。提出了广义产品的概念。企业的生产工艺、设备设施等生产条件可被视为广义的产品。根据产品安全的理念,工业安全也必须通过提高广义产品本身的安全性能来实现,即本质安全。相应地,工业安全领域侵权责任与工伤保险的竞合应为补偿模式,增强对第三方侵权的约束。根据安全工作要贯穿于整个产品生命周期,特别是注重系统开发、研制等早期阶段安全工作的系统安全原则,构建了事故责任预防框架,提出了全生命周期的责任预防策略,特别是建立设计阶段的风险评价和认证制度是企业事故预防的关键。产品安全和本质安全要求使设计者责任凸现。根据产品责任预防的理念,设计者履行其安全责任时涉及技术和伦理两方面问题。为此,应该加强设计者的安全伦理、安全技术教育和法律约束。企业自我约束的不足要求政府履行安全监管责任。为应对风险,从社会性规制角度出发,我国应该建立基于目标的层次化的安全标准体系,发展性能化标准,尽快完善认证制度和召回制度；完善工业安全规制,广泛开展本质安全评价工作,以实现对企业的有效约束。产品安全理念在国外已存在多年,本质安全也已经成为工业发达国家主流的安全理念。在我国,产品安全问题虽已引起各方的广泛关注,但是需要加强产品安全理念的宣传教育,增强事故预防责任意识,提高产品安全和企业的本质安全水平。更多还原

【Abstract】 Industry accidents take place continually and the situation of product safety is still grimness in our country until now. Industry safety and product safety not only influence production process and our life, but also cause casualties, property losses and environmental pollution, affect the social harmony and stability. Study on the product liability concept and think about the problems of accident liability prevention are very important for understanding the reasons of the accidents occurrence and solving the problems.The accident liability moved from after the event liability to beforehand liability based on the study of accident liability theories. The product liability has moved from users to manufactures, designers and government. While the industry accident liability moved from employees to employers and government. Accident liability prevention should be considered from the enterprise and government aspects.Comparing method was used in the study of product liability through analyze the doctrine of liability fixation, the standard and identification of product defects, compensation liability between China and foreign countries. There were still many problems in the product liability acts which were not useful to protect the users and to achieve product safety though strict liability has been accepted in our country. The product liability acts should establish different doctrines of liability fixation with different kinds of defects. The standards of product defects identification should change from mainly based on national and industry standards to rely on risk-benefit analysis. The defense of product defects should include national standards. The amount and the range of compensation of accident induced by defect products should increase to overawe the producer to abide the acts.The concept of general product was developed based on the concept of product in acts. The processes, facilities and equipments which were not included in the product liability acts could be seen as general product. The realization of industry safety must first depend on the safety of general products based on product safety concept, which was inherent safety Tort liability concurrence with industrial injury insurance should be the compensation mode to strengthen the restriction of infringement of the third party. The product safety concept has not been set up and the research, publicity and education should be the urgent task at present in our country.According to the system safety principle that safety work should throughout the entire product life cycle especially in the early stages of development, the framework of product liability prevention was constructed and product liability prevention method was developed. It was important to establish risk evaluation and certification system of design stage to prevent product liability of entertainments.Designers should assume more responsibility for safety with the development of technology and the requirement of product safety and inherent safety. The safety responsibility of designers involved two problems which include technology and ethic based on product liability prevention concept. It was important to enhance education of safety ethic and safety technology, and constraint of laws to realize the responsibility of product designers.It was the government’s responsibility to regulate safety because of the inadequate of entertainments’self-discipline. Accident prevention systems and methods were studied that government should regulate safety standards, market admittance, supervise and withdraw to response risk. The third part certification system and product recall system should be established and improved by our government. Product standard system and performance based, risk informed standards which reflect the development of technology should be established. Risk assessment of product should be required by acts to improve entertainments to carry out its responsibility. Inherent safety assessment should be conducted to improve industry safety.Product safety concept has been existed for a long time in foreign countries. Inherent safety has been the main safety concept in developed countries. In China, product safety concept still need be publicity and promotion though the product safety issues have been aroused wide concern. It is important to enhance responsibility consciousness of accident prevention to improve the level of product safety and inherent safety of entertainments.更多还原