| Product defect identification is the basic work of product liability identification.Whether producers need to bear product liability depends on the identification of product defects.The reasonable and accurate grasp of product defect identification standards can better safeguard the legitimate rights and interests of consumers and impose reasonable and fair responsibilities on producers.In the early days of reform and opening up,my country’s productive forces were relatively backward,and people knew little about product defects.However,with the rapid development of China and the rapid development of science and technology,in order to better protect the legitimate rights and interests of consumers,it is necessary to further improve the relevant system for the identification of product defects in my country.Through the research on this basic problem,I hope to contribute to the improvement of my country’s product defect identification standardsThis article is divided into six parts,shown in order as followsThe first chapter mainly describes the background of this thesis.Analysis of the case reveals the issues to be studied.Sort out the opinions of domestic and foreign experts and scholars on this issue.Combining the views of experts and scholars at home and abroad,determine the writing ideas and methods of the paper,and analyze the innovations and deficiencies of the paperThe second chapter conducts legal analysis on the product defect identification standard Sorting out the relevant legislations on product defects in China,and found that these legislations use legal terms such as product defects,unqualified product quality,and product defects.The use of these legal terms has caused some interference in the understanding of the definition of product defects.The three aspects are distinguished in order to clearly define product defects.In the determination of product defects,the core is to grasp the standard of product defect identification Understanding the relevant product defect identification standards and applying these standards reasonably can better safeguard the legitimate rights and interests of consumers.This also highlights the importance of improving product defect identification standards from the sideThe third chapter analyzes the current status and deficiencies of my country’s product defect identification standards.Checking the relevant legislation,it is found through combing that the practice community mainly applies two standards when judging whether the product is defective,namely the "unreasonable danger" standard,"national standard,industry standard".While safeguarding the legitimate rights and interests of consumers,this double standard also has some application problems.The specific manifestations are:in practice,it is easy to associate"national standards and industry standards" with the definition of product defects,and the "unreasonable danger" standard is difficult to grasp.The product defect classification and its corresponding identification standards are not specified.Chapter Four introduces the experience of product defect identification standards outside the domain.Developed countries have earlier research on product defect identification standards than my country,especially the United States,and their theory and research on product defect identification standards are the most advanced.Through the introduction of the experience of the American product defect identification standard,it will play an active role in the research and legislation of my country’s product defect identification standard.Chapter Five puts forward suggestions for improving the standards for product defect identification in my country.Put forward corresponding constructive opinions on the problems existing in the current product defect identification standards in my country.First of all,for easy association of" national standards and industry standards" with the definition of product defects in practice,the uniqueness of "unreasonable danger" needs to be clarified in legislation,and the double recognition standard should be clearly defined as a single "unreasonable danger" "standard.Secondly,if it is difficult to grasp the "unreasonable danger" standard,the corresponding identification elements of the "unreasonable danger" standard can be given.Finally,the experience of the United States in classifying product defects and assigning corresponding certification standards is also worth learning.Chapter Six is a summary and outlook.Legislation on product defect determination in my country has indeed played a role in protecting the legitimate rights and interests of consumers,but compared with legislation in developed countries,there are still some problems in my country’s product defect identification standards.In order to make up for the deficiencies of the law,better protect the legitimate rights and interests of consumers,comply with international trends,and improve the relevant laws of product defect identification standards,so as to better meet the needs of the development of the times.For the legislation and experience of extra-territorial product defect identification standards,we can learn from our country’s national conditions and continue to test its rationality in practice to make it more in line with my country’s needs.By adopting a series of measures,my country’s research on product defect identification standards will definitely make a qualitative leap. |
