Study Of China's Product Quality Supervision And Inspection Of The Legal System

The product quality supervision and inspection law system is one of the most important legal systems in quality supervision. It is based on the situation that the market mechanism is unable to solve the product quality question, so the government intervene into the product market, through the formulation and implementation of correlative laws to solve the problems which the market is unable to solve. It is playing the positive role in strengthening the supervision of the product, protecting the legitimate rights of the consumer. At present, the product quality supervision and inspection law system still has problems in the theory and the practice, needs for the consummation. This article takes the related product quality legislation as the basis, in the foundation of deriving the predecessor research results, bring to bear the economical elementary theory, and make a more thorough discussion to this system.The full article divide into four major part:First part, the elementary theory of the product quality supervision and inspection law system. The article has outlined the concept and the characteristic, the nature and the goal, as well as the jurisdiction, the mode and the procedure of the product quality supervision and inspection. It expound separately from the angle of the economics, the economic laws, the legal economic about the rationale of the product quality supervision and inspection law system of our country. From the perspective of economics, the quality field exists "the market malfunctions"; From the angle of economic laws, that has manifested moderate intervention the country makes to the product quality market; From the legal economic's angle, that is advantageous to reduce the economic laws cost, enhance the benefit of the economic laws.Second part, the consultation from the overseas product quality supervision and inspection law system. Studies the product quality supervision and inspection law system about the USA, Canada, the Irish, German, French food and so on. Elaborates the related contents about the institution of the product quality supervision and inspection, the law and the procedure of the product quality supervision and inspection, and so on. In this foundation, it points out the functions that full display of resources about the market in the overseas developed countries, the product quality generally adjusted by the market; The method that government emphasize supervising and inspecting food. etc special product is worth profiting from. Third part, the historical evolution and present situation analysis about the product quality supervision and inspection law system in our country. This part has discussed the present situation, the implementation result, the existed problems and its reasons of the product quality supervision and inspection law legislation system in our country. It believes that, our country established the product quality supervision and inspection legal system, the implementation result has been obvious. But, it has many questions such as the repetition in inspection and the department linking up difference, the spot-check system is imperfect, the exempting from inspection of product and the flaw product question are more and so on. the reasons lead to the problem mainly is the repetition establishment of the power of product quality supervision and inspection, the lack of the consciousness legally in supervising and inspecting, the construction of the information system falls behind and the lag of the legislation.Fourth part, the conception for perfecting the product quality supervision and inspection law system in our country. Through to the front article's elaboration, the author draws the conclusion: The product quality supervision and inspection law system is the effective implements in product quality supervision, and it must solve the existence problem, to make this system perfect. The article proposes the conception in six aspects, from the reform of the product quality supervision and inspection system, the consummation of the system in product quality supervision and spot-checking, abolishes "Product quality exempted Supervision and Inspection Method", the consummation of flaw product recalling legislation, strengthens the law enforcement troop's construction and realizes the electronic supervision and management in product quality supervision and inspection and so on.