The “defect” is the key concept in the product liability system. As far as law-making practice,the denotations of concepts of “defect” in many laws or rules about product liability system are inconsistent,which result in the dilemma of the law application. American products liability law starts early and has developed rather rap idly. We will reap much valuable experience through its law - making practice. With the neglected detail among the problem as the point of the penetration,this thesis studies some theories from home and abroad,makes a comparative study of the identifications of products liability defect and kinds of America and China,and analyses the implication of American products liability law on Chinese legislation. The status of Statutory Standards and Industry Standards are above Consumer Expectations Standards,and it’s is not conducive to the execution of law practice. This thesis advises some reform proposals .It is suggested that we should construct a hybrid standard like “Consumer Expectations Standards first,Statutory Standards and Industry Standards second,take different standards according to the actual situations as well.”
KEYWORDS:Product Defect,Standards of Product Defect Identification,Comparative Study