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Regulation On The Conflict Of Interest Of Product Quality Certification

Posted on:2017-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y X ZhangFull Text:PDF
GTID:2346330485998002Subject:Enterprise Law Practice
Abstract/Summary:PDF Full Text Request
In the market economy, There exists the information asymmetry between consumers and producers. Thus many professional market intermediary organizations emerge to solve this kind of information asymmetry. Product quality certification authority is such a kind of intermediary organizations. It conducts factory audit and product inspection to products with applicated certification according to the relevant product standards and requirements as well as the prescribed procedures. Product quality certification authority will issue certification and certification mark to products eligible for requirements to prove that the product meets the requirements of the corresponding standards. In this process, the product certification organization expresses the product's inspection and test results with the signs or symbols which are easy for the consumer to understand by using their knowledge of a certain aspect of the product, so that it can be the reference about the product or service for consumers. This is the role of product quality certification system signaling mechanism. For producers, the positive results of product quality certification can improve the reputation of products or services, and thus better realize the value of their products, which is the function of the reputation mechanism of product quality certification system. Generally, product quality certification can solve the problem of asymmetric information, reduce transaction costs and improve the international competitiveness of China's products. At present, our country's product quality certification authority is mainly civil institution authorized or approved by government.As an intermediary organization, product quality certification mechanism should be a neutral third party organization. But with the development of China's market economy, some product quality certification authorities began to deviate from its "neutral" position with "optional certification", "dishonest certification", "false certification" and other phenomena frequently occurring. Product quality certification market is becoming more and more chaotic. Investigating its reason, in addition to the insufficient market competition, the issue of conflict of interest of the product quality certification market is also an important factor. As the product quality certification of implements the producers paying for it, the supervision object of product quality certification authority determines its economic source, so the certification authority is very easy to authenticate for the interests of producers, which eventually leads that product quality certification results may be the combination of interests for certification organizations and producers. At this time, the product quality certification system has not played its role of "signaling mechanism". In this case, the product quality certification system not only does not solve the problem of asymmetric information between producers and consumers, but exacerbated this phenomenon, and eventually leads to the chaos of the market.In view of this phenomenon, this article will elaborate from the aspects of the expression form, the development process and the harm of the conflict of interest. The author believes that although consumers paying can avoid the conflict of interest in product quality certification, it is quite difficult to implement, even may lead to the "free rider" phenomenon. Producers paying measures taken by the current product quality certification market although overcome the problem of "implementation difficulties" and "free rider", it leads to serious conflict of interest. Aiming at this problem, the author will start from the perfection of the civil liability system, the improvement of supervision and supervision mechanism and the restriction of the producer's payment mode to avoid the conflict of interest. The article mainly draws on the legal regulation and system construction of the conflict of interest about the credit rating market in the United States.
Keywords/Search Tags:conflict of interest, payment mode, the gatekeeper mechanism, information asymmetry, Product quality certification
PDF Full Text Request
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