Abstract：In the field of drug and food safety in China, there are frequent cases of Delayed Compliant Product Tort, and the current regulations cannot be directly applied for settlement. However, the product liability section in the Civil Code has not given any response. It is urgent to introduce “Market Share Liability” in American law and reform it for localization. The compliance defense of the pharmaceutical company cannot be accepted, because its violation of the product tracking and observation obligation should be considered as a defect, and the benefit measurement should be inclined to remedy the infringed. In terms of concrete construction, the localization system can be built by taking the existing product liability norms as the benchmark and reasonably relaxing the elements of the causal relationship. In terms of identification criteria, “local market share” standard has legal and technical advantages over the “national market share” standard, which is more worthy of adoption. In terms of computing, the rapid development of big data technology provides us with more possibilities. Different computing methods can be adopted for online and offline enterprises to enhance rationality.
季若望. 《民法典》视域下延时性合规产品侵权之新解——以“市场份额责任”改造为核心[J]. 浙江工商大学学报, 2022, 36(3): 72-84.
JI Ruowang. A New Interpretation of Delayed Compliant Product Tort from the Perspective of the Civil Code: Taking “Market Share Liability” as the Core. Journal of Zhejing Gongshang University, 2022, 36(3): 72-84.
2022, Vol. 36 
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