Legal Thinking On Improving China's Commodity Test

Comparative testing of consumer products and related services is International practices as a consumer rights protection system, it developed for the purpose of protects the consumer's right to know. In the backdrop of the consumer movement, Along with the protection of national interests of consumers of sound legal system, it increasingly becomes an important function of consumer organizations. In the past 100 years, the international community practice has demonstrated that the comparative testing not only of goods to protect consumers of the right to know and the right to choose a forceful measure, but also a method which can promote the healthy competition between the producers and managers, it also helps to move product quality supervision. In our country 20 years of this trial practice has proved the system have great social value. Because of the absent of the substantive rules and the procedural rules to relative system in our country, the comparative testing of consumer products continue ingrate controversies, especially in resent years, we can see that the role of our comparative testing is far beyond its already existing legal framework in the position, a series of typical cases and the media controversy highlighted the lack of relevant laws and defects. This rise to the deep-seated legal thinking is even more necessary. How many facts should be included in the substantive rules of the relative system? How to ensure the legality of the procedure comparative testing? These factors should be considered firstly within the legal framework, and it also is our existing unresolved problems.In this paper, starting with comparative testing's basic concepts and characteristics, Analysis of the function and its role, and then introduce our country's status quo of comparative testing of consumer products, by introducing other countries and regions mature practice and experience, and comparison and Analysis, to found the problems in the legal dimension of our legal system and conduct in-depth thought, find out in our socio-economic life of frequent legal disputes reasons, on this basis, legal aspects of the proposal put forward, Including improve our country's comparative testing system should clear matter of principle, specific measures of Substantive rules and procedures rules, and study the feasibility of other relevant systems, With a view to improving our merchandise on the comparison test for the legal thinking.To perfect our relative system, need social factors, economic factors, factors and the legal awareness of the common factors role and promote each other, it is the result of organic integration between various factors. construct of the law and improve the level of the legal system Comparative testing, based on China's current legal status of the regulatory system, mainly needs, in the law, clearly the main consumer organizations eligible, and the right to determine the main principles to be followed, The main performance as fair, just and open principles. To ensure that the principles of the actual implementation of the system needed to establish specific avoid its mere formality. Through inspection from the relevant legal system as well as applied research test the feasibility of these systems, to complement the legal provisions, perfect relevant laws adjustment mechanism.