智力产品责任的法律探讨

适用产品责任的智力产品是指以一定的物质载体来表现的、经大批量生产或印刷投入销售的、具有知识和信息内容的应用性或指导性智力成果.由于智力产品对人们生活的巨大影响,智力产品的最终提供者应尽到最大的谨慎义务,负有与一般商品生产者同样的安全注意义务,承担严格责任;销售者承担过错责任;同时明确法定的免责事由.我国产品责任立法的价值取向以及现行规定,为智力产品适用产品责任提供了可行性.

Legal Explosion of the Burden of Intelligent Product

Intelligent product, which applied to the duty of product, refers to an guiding or applying intelligent fruit which is expressed by certain object and has its own knowledge and information which can be producted and printed in a large amount for sale. Due to its strong influence on people's life, the final provider of it is supposed to fulfil his duty as careful as possible, takes the same charge of safty as average producer and take strict resposibility. Meanwhile, it's necessary to apply the doctrine of liability fixation to seller and clearly explain legal excusation. Our current value orientation of legislation and regulation offered the feasibility for the intellectual product.