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Abstract: China and Malaysia each other's major trading countries, both sides trade is becoming more frequent. In order to effectively protect the interests of consumers between the two countries, both China and the product liability legislation. From the legislative model of product liability, product liability the main principle of Product Liability and Product Liability Damage compensation range, a comparative analysis of the two countries' Liability Act.

Keywords: legislative model; the main body of the product liability;

Product Liability Principle and product liability damages
Product liability is a product does not meet the standard, express or implied, (should be) or the existence of dangerous or defective Erzhi loss, borne by the producers or civil liability. In today's market, the product increased, damage resulting accident also continue to occur. To this end, China and Malaysia, two countries were constantly updating the product liability legislation, in order to find the best balance between the consumer and market development. This paper will systematically analyze the commonality and individuality of the product liability law in the two countries and to study the lack of.

Legislative Model
1.1 between the two countries existing product liability legislation
At present, China and Malaysia has entered the implementation phase of the second round of product liability legislation, the legislative model also protect consumers mode to balance mode, some potential problems to make the guidelines. "Tort Liability Act and the Consumer Protection Act 1999 for the latest product liability legislation in China and Malaysia.
1.2 China's legislative model
China's legislation began in 1986 to develop the "Civil Law", and ultimately be determined in the "Product Quality Law" system. Content of the legislative process, legislators, the main reference of the second restatement "of the U.S. tort law and the EU Product Liability Directive, which" American tort law, the second restatement of "the blueprint for our product liability legislation, the product manufacturing and sellers subject to strict liability is to learn from the achievements of the Act.
The product liability provisions of the Tort Liability Act on the basis of adhering to the above legislative model, drawing on the German product liability legislation, the introduction of some important concepts, such as tracking the observed defects.
Legislative background and mode of 1.3 Malaysia's product liability
Product liability in the Malaysian judicial use, mainly in two ways: jurisprudence of judicial and statutory law. Since 1807 Royal judicial Charter (the Royal Charter of Justice, 1807) since 1807 in Penang, Malaysia, the British law was officially (Malaysia), and has been affected so far. Based on this, the traditional product liability, the administration of justice often has a strong color of case law.
Until the 1990s, with the products on the Malaysian market, and the resulting product damage issues have become increasingly prominent. For such a new phenomenon, due to the lack of effective or targeted jurisprudence, consumers often can not get effective relief. Insufficient to make up the jurisprudence, the 1999 Consumer Protection Act (Consumer Protection Act, 1999) adjustment of product liability legislation in the form of codification. Part of the Act 2010 Consumer Protection Amendment Act "(本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。