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Research On The Legalization Of Product Quality Supervision

Posted on:2021-03-10Degree:DoctorType:Dissertation
Country:ChinaCandidate:X RenFull Text:PDF
GTID:1486306464981199Subject:Science of Law
Abstract/Summary:PDF Full Text Request
As an important element of the market economy,product quality is a hot topic and is deeply concerned by both the society and the masses from all walks of life.The corresponding product quality supervision has become one of the key research directions in the theoretical and practical fields.Product quality supervision involves government,enterprises,consumers,and third-party social organizations and many other parties.It spans across many disciplines such as public administration,legal systems,standards measurement,certification and test,and social ethics.However,regardless of consideration from which angle or level,product quality can not be separated from government supervision.At present,China's economy and society have entered a new normal state.China's existing product quality supervision and supervision model are mainly based on administrative supervision and cannot be compatible with the increasing quality demand of the masses and the reforming requirements of the market supervision system.This led to frequent product quality and safety incidents,and the product quality and safety risk controlling was not satisfactory.The main reason is the lack of systematic and legalization research in the process of product quality supervision,which makes the legal system and supervision mode in the field of product quality supervision gradually decline from the source concept,and can not adapt to the new requirements of the new situation.Regarding this,this paper tries to build a new analysis path from the three dimensions of“Concept,Structure,and Behavior” for the legalization issue of product quality supervision.Through empirical and comparative research methods,it has a systematical research on the legal objectives under the rules of law,value orientation,and legal structure of product quality supervision,behavior under the rules of law,and existing problems.And based on the research,it puts forward suggestions to improve the legalization path of China's product quality supervision,which will help to improve China's product quality and safety as well as the process of legalization.The introduction part mainly elaborates the background of this topic and its researchsignificance.It also introduces the literature review of related research,as well as the research thought,research methods,research scope and innovation part of this article.The first chapter focuses on the theoretical basis of the legalization of product quality supervision,analyzes the connotation and extension of related basic concepts of product quality supervision as well as the related disciplines theory.At the end of this chapter,combining with the reality of the current product quality supervision system,we put forward the analysis paradigm of "Concept-Structure-Behavior",which aims to make a more convincing explanation for the legislation path selection of product quality supervision.The second chapter discusses the overall framework of the legalization of product quality supervision.The analysis paradigm that guides behaviors through structural research is the main research line in this chapter.It systematically discusses the legalization of product quality supervision from the five aspects which include the objectives,motivation,resistance,and methods.That is,according to the four levels of objectives,subjects,motivation,and resistance,point out the the key drivers and restrictive factors in the process of the legalization of product quality supervision,and the methods selection of legalization of product quality supervision are presented with features and trends of progressive concept style,structural standardization,behavioral pluralism.The third chapter,from the perspective of the historical change of product quality supervision system,it firstly discusses the legalization predicament and development of product quality supervision from the two time points of before and after reform and opening up,and briefly reviews the evolution of the legal system of product quality.Based on the above,the effectiveness of legalization of product quality was elaborated from the three dimensions of concept,structure,and behavior.Finally,from the previous general level of institutional construction to the level of the concept of legalization,it focuses on the discussion of existing problems of the legalization of China's product quality supervision.The fourth chapter mainly discusses the reference to the legalization of product quality supervision from overseas.The article adopts the “Overall point--sub-points”approach,firstly,classifying product quality supervision models in overseas countries into product-based supervision and consumer-led supervision.And then,it uses the“ Concept-Structure-Behavior ” analysis paradigm to analyze the various types of supervision concepts,legal structures,and supervision behaviors.Subsequently,with a specific analysis of product quality supervision characteristics and major experiences in various countries,the enlightenment of product quality supervision in China is obtained.The fifth chapter proposes measures for further improving and strengthening the legalization path of product quality supervision in China according to the above analysis.In terms of objectives,we must further highlight the value objectives of economic law,adhere to the combination of government and market operations,and enact special legislation for special industries;in terms of concepts,we must establish a correct value orientation and change ideology from the traditional planned economy with "Administrative standard" to "respect for market laws" under the market economy;in terms of structure,it is necessary to deepen the reform of the product quality management system,to establish a scientific and standardized multi-party participation system,to strengthen the contact and interaction between the parties' subjects and to make evaluation and analysis of supervision legal impact;in terms of behavior,it is necessary to enrich the supervision methods of administrative supervision departments,to strengthen the rights and obligations of consumer supervision,to guide enterprises to implement their main corporate responsibility,to take full advantage of a multi-subject social supervision and to improve the quality of information transmission.Finally,this paper focuses on the specific background of the legalization of product quality supervision,tries to construct an analysis paradigm of“Concept-Structure-Behavior”,and based on this paradigm,it systematically analyzes and reconstructs the legalization theory and overall system framework for our current product quality supervision.from the perspectives of goals,subjects,motivation,resistance,and methods.However,whether this attempt can cover and convincingly explain the difficulties and predicament faced by the legalization of China's product qualitysupervision still needs further discussion.At the same time,the last chapter offers practical and pertinent advice,which verifies the feasibility of the “Concept-Structure-Behavior”analysis paradigm to a certain extent,but whether this paradigm is transferable and can apply to the legalization analysis of other fields such as food security,environmental protection,and information disclosure still requires more thorough and rigorous argumentation.With my limited personal ability,time and energy,more scholars are expected to work together to find out the solutions to all the above problems in the future.
Keywords/Search Tags:Product, Quality Supervision, Legalization
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