Study Of The Legal Regulation Of Defective Products

With improvement, people of living standard, buyer's market take shape gradually, user even high demand to whom product quality put forward have, but defect products , fake and forged products overflow on the market, even the accident of the products happens occasionally, the rights and interests of the public of the serious injury, have interfered the marketing order and society's normal production order, have influenced the business reputation of our country in foreign trade. Improve product quality become task of top priority already , carry on to defect products legal structure to improve main way of product quality one of.The article defines the concept and range of the products separately at first, whether is that the products have carried on the discussion to such special articles as elementary agricultural products , invisible industrial products ,etc.And then the article has discussed the meaning of the defect, asserted the standard and kind , then analysed that carries on the law science theoretical foundation of the legal structure and theoretical foundation of economics to the defect products, think that carries on the embodiment that the legal structure is fair just idea and security idea to the defect products, scientific development justice that there should be of view on people first.At the same time because of user's position of weak tendency relative to operator, should produce and manage the side and have the ability to assume the risk that the defect products bring.Have designed the concrete system of the legal structure of products of defect of our country on this basis, among them include the system of market access mainly, quality surveillance inspection system of the products, approval procedure, defect products warn system , defect product retrieving system , the products accident compensation for damage system of the defect and products liability insurance system.Among them, this text has probed into the products and warned the system, recalled the system and compensation for damage system especially. This text regards relatively the analytic approach, analytic approach of economy as the main research approach, introduce between various countries and range of product , meaning , classification and various kinds of concrete concrete regulations and foundations of analysis on realistic national conditions of our country of system of defect relatively, have offered the suggestion of legislating to the legal structure of products of defect of our country.