GETTING MORE ENVIRONMENTAL PROTECTION FOR LESS MONEY: A PRACTITIONER'S GUIDE
探讨了严格产品责任的理论依据及实施困难,并提出了结合风险信息改善和危险产品淘汰等工具来提高产品安全效率、减少事故的方法。
The European Community is in the process of implementing a movement of products liability from a negligence basis towards a rule of strict producer liability. This paper considers the theoretical arguments in favor of strict liability and reviews some of the difficulties that must be resolved in implementing strict liability in practice. There are a number of limitations to the effectiveness of producer liability as an instrument for reducing product-related accidents. Consequently the final part of this paper considers how producer liability can be combined with instruments intended to improve the risk information available to consumers and to eliminate highly risky products from the market, in order to improve the efficiency of product safety and reduce accidents. Copyright 1993 by Oxford University Press.