完善产品质量法的几点思考

随着市场经济的发展,加入WTO的临近,对产品质量的要求越来越高.尽管2000年7月国家对《产品质量法》作了修改,但就修改后的产品质量法来看,该法规定的产品范围及缺陷、产品责任主体、产品损害赔偿范围等还存在范围界定过窄的弊端.为此,建议将建设工程也纳入产品质量法的调整范围,对产品缺陷采取列举式规定其类型或对此作一司法解释并扩大其范围;将产品责任主体范围扩大到生产者、准生产者、销售者、运输者、仓储者及外国出口商;在损害赔偿范围中增加惩罚性损害赔偿等规定.

A Few Ideas about Perfecting Products Quality Law

With the development of market economy and the coming of WTO,people are more and more demanding the quality of the product.Although the government revised (The law of the products quality)in July 2000,there has existed some disadvantages in setting the lines of scope in products as well as its defects,the main responsible subject to the product and the compensation to the damaged products etc.Therefore ,it is suggested that the building project should be put into the adjusting scope of the product quality law and we should regulate the type of the products defects by using the listing formula;make some necessary explanation in law and enlarge its scope;enlarging the scope of the main responsible person of the products to the producer-half producer-Salesman-transport company-warehouseman as well as foreign exporters,it is regulated that punitive damages should be added into the scope of the damages compensation.