On Perfecting The Legal System Of Product Quality Supervision In China

Product quality is an important standard to measure a country's level of economic development and the degree of civilization.With the social progress and economic development, the requests about product quality have been demanding increasingly. However, in recent years,product quality problems have been emerging, which violate the legitimate rights and interests of consumers seriously. Many foreign scholars have done many-sided researches on the problems in product quality supervision and have formed a comparatively perfect theoretical system of product quality supervision,which mainly contains asymmetric information theory, externality theory and public interest theory of government regulation, etc.These theories sufficiently reveal the necessity and feasibility of product quality supervision. Perfect legal system of product quality supervision has great value and function for national and society.However, there are many problems in China's present legal system of product quality supervision.On the legislation side, the legislation style is unscientific;the relevant laws and regulations lack of coordination;the responsibility system is designed unreasonable;the legislation of defective products recall system is missing. On the supervision system side, the present system is very likely to cause the supervision subjects'duties unclear and reduce the efficiency of supervision.On the supervision methods side,the quality standards system,quality certification system and quality inspection system are far from perfect.On the auxiliary systems side, the information transfer mechanism and social credit system are imperfect.Some developed countries and areas have already formed a comparatively perfect legal system of product quality supervision.There must be an important reference for our country. According to the existing problems about China's legal system of product quality supervision and referring to the overseas advanced experience, the following four aspects would be suggested.First of all,improve the legal system of product quality supervision.Separate the product quality supervision law from the product quality law;amend relevant laws and regulations so as to enhance their coordination; strengthen law breakers'responsibility and establish the responsibility system of administrative law enforcement;establish the legal system of defective products recall.Secondly, reform product quality supervision system and establish socialized supervision model.Thirdly, perfect the supervision methods.Finally, perfect the auxiliary systems.Establish quality information sharing system,enterprise quality credit system and quality offence reporting system.