产品责任与品质瑕疵担保责任的竞合及其处理-经济法专业论文.docx

竞合。解决产品责任与品质瑕疵担保责任竞合的问题应当适用侵权责任和 合同责任竞合的基本理论。产品责任与品质瑕疵担保责任竞合需要具备一 定的条件。 第三部分，产品责任与品质瑕疵担保责任竞合时的处理。主要有法律 赋予非违约方的选择权；如何行使选择权及对行使选择权的限制。处理产 品责任与品质瑕疵担保责任竞合的法律依据与理论根据等。 本文立足我国现行法律的规定进行分析，同时借鉴国外的先进立法经 验，作为处理产品责任与品质瑕疵担保责任竞合问题的依据，力图找到妥 善处理产品责任与品质瑕疵担保责任竞合问题的方法，更好地维护因产品 安全问题受到伤害的消费者（买受人）的利益，促进经济发展与社会和谐、 进步。 [关键词] 产品责任；品质瑕疵担保责任；责任竞合；选择权 Abstract In accordance with the modern civil law,victims suffering personal injury or property damages due to the defects of the products have two laws to claim for the damages compensation.The first is tort liability,the second is contract obligation.Under the civil law system,sellers selling commodities with defects means the violation of the delivering duty,as a condition of the infringement of the obligation,the sellers should bear the responsibilities of breaching the contract.According to the relevant regulations of contract victim can only ask the seller to assume responsibility for quality defects in accordance with the contract, namely according to sellers betraying the quality warranty obligation . Both the products liabilty and the warranty against defects of quality belongs to civil liability of products quality, but they are still different in essence .products liability is a special kind of tort liability, based on quality warranty obligation and laws in tort. The plaintiff(victims) lodges a complaint in products liability. there is no need for them to prove that the defendant has negligence, neither do they need to prove the plaintiff and the defendant has concluded a contract. the quality warranty obligation is a special kind of responsibilities of breaching the contract. The plaintiff(victims) have to prove there are direct or indirect contractual relations between themselves and the defendant. In real life, many cases in quality warranty are also potential cases in products liability. The concurrent between products liability and the quality warranty obligation is inevitable. What is called the concurrent between products liab