A Tentative Analysis On The Governmental Product Quality Supervision System In Our Country

In the condition of marketing economy, enterprises are the main body of product quality behavior. It is the main responsibility of enterprises to guarantee the product quality. The improvement of products mainly relies on the marketing competition mechanism. However, as the macroscopical organizer and manager of the social marketing activities, the government also should implement necessary supervision and macroscopical management to the problem of product quality in order to maintain the normal economic order, guide healthy economic development and protect the legal rights and interests of consumers. This paper gives a tentative analysis on the governmental product quality supervision system in our country. Part One Historic Development of the governmental product quality supervision system in our country In our country, both the Party and the government have been attaching great importance to the work of product quality. In the beginning of fifties, in order to adapt to the national need to the processing and indenting of private enterprises, the industrial product inspection houses came into existence in some cities and the work of product quality inspecting began to develop. Later, the medicine inspecting houses, the fiber inspecting bureau, the shipping inspecting bureau, the boiler depressed air container supervision bureau, the importing and exporting product inspecting bureau and other quality supervision institutions were resumed and built one after the other. Ever since the Eleventh People's Council, the working emphasis of the Party and the government has turned onto the economic construction. The supervision and management of product quality have received great attention from the state. At present, as the department of product quality supervision of the State Council, the National Bureau of Quality Supervision and Inspection and Quarantine is in charge of the product quality supervision all over the country. Besides, the State Administration for Industry and Commerce, the National Administration of Food and Medicine Supervision and other concerned departments of the State Council are responsible for the supervision and management of the product quality according to their separate responsibilities. Under the general leadership of the government, these departments share different duties and responsibilities with mutual support and corporation and together fulfill the responsibility of product quality supervision. Since the Open Policy, the National People's Congress and the Committee of NPC have established many laws concerning product quality. The "Product Quality Law"established in 1993 symbolized that the supervision and management of product quality had come into a historically new stage of government according to laws. Beside the "Product Quality Law", other laws concerned with product quality are mainly: "Metrological Law", "Standardization Law", "Food Hygiene Law", "Pharmaceutical Management Law", "Import and Export Commodity Inspection Law", "Consumer Protection Law", "Anti-Unfair Competition Act"and so on. The "Criminal Law"sets up a special chapter to give according definitions to the law-breaking and criminal responsibility of the production and selling imitative and inferior commodities. Besides the laws set up by the National People's Congress and the Committee of NPC, the National Council also set up a series of administrative regulations concerned with product quality. The Provincial People's Congresses and their Committee which have legislative rights set up a series of the provincial regulations concerned with product quality. The concerned departments of the State Council set up the concerned administrative regulations according to laws and administrative law. Up till now, our country has primarily set up the legal system about product quality. Through establishing the wholesome, scientific and advanced standard for product quality, our government strengthens the establishment of measurement testing system; imposes the total quality control; constantly enforces the basic quality work; implement the administrative permission system to those products which have the possibility to endanger human health, human body and the property security and those important industrial products which will affect the national welfare and the people's livelihood. Our government also strengthens the supervision and inspection of the product quality and severely punishes the illegal activities of making andselling faulty goods. Part Two Main Problems in the Product Quality Supervision System in Our Country The product quality supervision system in our country has some problems, which mainly show in the following several aspects: The first is the decentralization of function of product quality supervision. The measure our government applies to the product quality supervision is the principle that one department supervises one stage. From the surface, this kind of "stage-division"product quality supervision system has clearly defined responsibilities and avoids the phenomenon of multiple managements, repeated inspections, disputing over trifles and buck-passing. But this system in fact leads to the decentralization of the governmental product quality supervision and it is hard to form the resultant force and this system goes against the effective supervision to product quality. The second is the not high administrative level. Although our country has primarily established the legal systems and regulations about product quality, this system is still not perfect and to some extent have intersections, contradictions and blanks. The regional protectionism is serious. These phenomenons damage the unified national market; goes against the establishment of fair competitive market environment and goes against the effort enterprises make to improve product quality. Some governmental officials collude with the producers and sellers of imitative and inferior commodities in the dark. The fake makers make use of corruption and corruption protects those fake makers and sellers. Out of the consideration for the benefit of their departments, some administrative departments take the form of charge instead of amerce the inspected illegal behavior to quality; amercing not qualified products instead of confiscating them and take the attitude of laissez-faire to the behavior of making fake and inferior products. The third problem is that the supervision of product quality relies on the beforehand examination and control. Too many administrative examinations not only restrict the natural growth and development of the marketing system but also affect the highly efficient function of the governmental departments and their fairness and probity.The fourth is the lack of the perfect quality good faith system. There are no perfect achieves system of enterprise quality and record system for personal honesty. The inferior quality problem is quite pervasive. There are failures to prohibit imitative and inferior goods. The honest social atmosphere has not been formed and there is the existing space for the imitative and inferior goods. Part Three Suggestions to the Product Quality Supervision System in Our Country The first is that according to the principle of unified management and divided responsibility, we should further make clear about the governmental function of product quality supervision and strictly carry out the governmental responsibility of product quality supervision. The second suggestion is to strengthen legal system construction, ensure the administration according to the law, further perfect product quality law and regulation system, ensure the administration strictly according to the law, and strictly perform the supervision and management of product quality according to law and regulations. The third suggestion is to strengthen the fundamental work; improve and perfect the guarantee system of product quality. We should perfect the wholesome, scientific and advanced standard for product quality; enforce the establishment of measurement testing system and carry out the total quality management. The forth is that we should effectively exert the means of pre-event control and after-event supervision and effectively strengthen product quality supervision. According to requirement of market economy, we should appropriately bring down the doorsill of market entering; reduce unnecessary administrative examination proceedings; devote limited human resources, material resources and financial resources to after-event supervision to product quality. We should increase the intensity of after-event supervision to product quality, and strictly strike law breaking criminal acts of making and selling fake and inferior products. The fifth suggestion is to exert the influence of industrial associations;...