Economic Law Attributes Demonstrate The Product Quality Law

Academic circles never cease controversy over the legal attribute of the Product Quality Law, also never had a verdict. It triggers heated debate that Product Quality Law belongs to Civil and Commercial Law or Economic Law. Especially in recent years, product quality events emerge in endlessly, making realistic society populace’s eyeballs tightly peg to the role of the product quality law that how to work well. And the mass has a strong desire that how to develop and implement product quality standard. The Economic Law attribute of the Product Quality Law increases because of the kind of "market failure" as a result of the civil society in the country’s desire. The maturity of Economic Law theory makes the product quality standard of Economic Law attribute argument have the possibility of a reality.Economic Law attribute of the Product Quality Law begins at the emergence basis argument. First of all, the emergence basis is the logical starting point of recognizing things, and produce foundation determines the properties of things. The emergence basis of Product Quality Law determines its own attributes. That the objective basis of "market failure", social and economic rapid development of social conditions, and that the traditional Civil Law cannot solve the problems caused by market failure such as legal reasons, are related to higher levels of Economic Law basis. And the confirmation method of Civil Law, as a market economy at the beginning of the produce, is lack of attention to the market flaw and market barriers. And its foundation is different from the produce of the product quality law foundation. Therefore, in terms of produce base, product quality standard of economic law is significant properties. Secondly, produce base decides things, at the same time, also determines the things to achieve the purpose. The generation of product quality law base determining its legislative purpose is to strengthen supervision and control over product quality, improve product quality level, promote economic development, and to protect the legitimate rights and interests of consumers, maintain coordinated and harmonious social order on the basis of a clear product liability. It is corresponds to the goal of economic law to promote the stable economic growth, guarantee basic human rights, protect the social public welfare in order to promote the benign operation and coordinated development of economy and society, and the obviously different from the civil law only pursuing economic goals, maintaining individual goals for profit. So, the product quality law of the legislative purpose of economic law attribute highlights. Again, as the most that can reflect a law adjustment by the particularity of social relations " the structure of right and duty", weather in the structure of "accrual" caused by product quality supervision and management of the relationship, or "the structure caused by quality of the product liability relationship," the structure of right and duty" corresponds with economic law, and reflects "the structure of right and duty" in the subject status of the unbalanced distribution of inequality, norms and the corresponding relations between "the structure of right and duty" of economic law. It is not consistent with the equality of rights and obligations in the main body of civil law, absolute balance in the canonical distribution and the correspondence on the rights and obligations,"the structure of right and duty" of the Product Quality Law reflects its Economic Law attribute again. Finally, with obvious difference between the civil law responsibility, compensation, on the basis of product quality law on the legal liability on the basis of selection, special, and form, it embodies the characteristics of the efficiency of the economic law and regulation, and reflects the protection of beneficial aspects of the juggle. The polymerized and increased cost compensation, liability form the diversity of choice, particularly reflects the characteristics of the Economic Law determine responsibility role, and so on. The Product Quality Law shows strong economic law attribute.To sum up, the product quality standard has the obvious economic law attribute, and it does not belong to the category of civil and commercial law, but the lack of adjust of necessary and useful complement. The correct understanding of the product quality law attribute and the promotion of the normal play is helpful for the practice operation in the accurate application of the Product Quality Law.