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在侵权法上,生产者负有产品跟踪观察义务,包括狭义的产品跟踪观察义务和警示、召回等反应义务,它属于安全保障义务的次类型。在我国,该义务的主体应当限于最终产品的生产者、零配件的生产者、拟制的生产者和准生产者。该义务的确定应采个案判断、综合判断等原则。生产者还应当对特定类型的、他人的附属产品负有此种义务。违反产品跟踪观察义务的责任属于过错责任,在产品存在发展缺陷时其具有较大的意义。
In the Tort Law, producers have the obligation of product tracking observation, including the obligation of observing products in a narrow sense and the obligation of reaction such as warning and recall. It belongs to the sub-type of security obligation. In our country, the main body of this obligation should be limited to the producer of the final product, the producer of the spare part, the intended producer and the prospective producer. The determination of this obligation should be based on the case judgment and comprehensive judgment. Producers should also have such obligations for certain types of affiliate products of others. The responsibility of violating the obligation of observing product tracking belongs to the fault liability, which is of great significance in the defect of product development.