> December 20, 2011 ------------------------------------------ -------------------------------------------------- serious loss of defective products, poor product quality, some SMEs are quite common problems; third repeated counterfeiting, selling fake goods illegal and criminal activities in some places has become a regional problem, counterfeit products cause major or fatal accidents have occurred (Note: "the rule of law must be ways to address quality problems", "Legal Daily" July 10, 2000 1st edition.) can be said that China's product quality has been restricting China's economic development, protection is not simply a question of the interests of consumers, faced with such a severe situation, legislators can only use the power of government, not only by the market. Third, China's producers, sellers lower awareness of the law, partly by selling Driven by huge profits at the desperate, set the expense of people's lives and health, manufacturing and selling a large number of people directly endanger the lives and health of shoddy products, resulting in a major or fatal accidents occur frequently. China's lack of industry organizations, even if industry self-regulatory organization, its role not; for the majority of SMEs, they join such organizations is unintentional. Enterprises lack self-discipline, the government had to intervene. Fourth, China's weak awareness of consumer rights that consumers encounter prejudice the interests of their own product quality problems, often unwilling or unable to be able to request corporate responsibility, even if the victim rights advocates, limited to our existing law, those responsible only very light bear civil liability. confined to the imperfections of our product liability law people aware of their rights and the status quo is not high, the market alone to supervise the main producer, seller is not enough, while the United States and Europe in a sound legal system, people's awareness of the law is strong, the victim because of product quality will suffer actively seek legal remedies, if damages caused by product liability, producers will have to bear the heavy responsibility of the product coupled with industry self-regulatory organization abroad more and operation specifications, and strong corporate self-regulation, therefore, no need for special government Product Quality Management Law, the general product quality supervision and management, but mainly rely on market forces and improve their own product liability law to oversee the producers, sellers of quality acts, therefore, for various reasons are describedProduct Quality Lawof the legislative style and content of the legislation is consistent with China, with Chinese characteristics, at least for now, we should certainly this legislative model. China's legal regulation of product quality adjustment model is used instead of the traditional economic law The civil law model, that rely on the government's administrative power, integrated use of civil, administrative, criminal, especially the adjustment method is to rely on government oversight and administrative penalties to regulate producers, sellers behavior is situation dictates. " product quality Law"is the full use of the concept of economic law and reflect, therefore, can say"Product Quality Law"objective conditions of China and Chinese legal concepts legislators update the inevitable product of the combination products are Quality Act and its legislative style is an innovative and progressive change, but in China's Product Quality Law to give the executive a great product quality supervision and administrative punishment at the same time, lack of adequate supervision and prevent the exercise of its powers measures of its abuse of power, this is the revision of the Product Quality Law of the lack of one; other legislators is the lack of administrative over-reliance on ex post facto punishment, producers, sales production, this process of selling products in the rights and obligations of the provisions are too simple ; Finally, the revised Law on Product Quality measures to strengthen the government's supervision and administrative penalties, has not been on product liability (damages) to be improved, which makes the main market supervision and sellers behavior of the function greatly reduced, is not conducive to to protect consumers. In short, the new law too much emphasis on product quality oversight functions of the government, while ignoring their own role in the regulation of the market, both in playing the role of government and market balance slightly on these are to be improved to be in the future .> (责任编辑:admin) |