浅析产品缺陷——兼与产品瑕疵比较

Analysis of Product Deficiency Compared With Product Flaw

产品缺陷是《产品质量法》中一个重要的法律概念,其实质是产品缺乏合理的安全性。其引起的损害赔偿责任为民事侵权责任,以对产品之外的人身或财产有损害为构成要件。承担责任的方式为民事赔偿,主体是生产者,销售者只有在有过错的情况下才承担责任。产品缺陷与产品瑕疵是两个不同的法律概念,二者在判断标准、承担责任的性质、方式、构成要件及责任主体、索赔途径等方面均有本质区别。

Product deficiency is an important concept in the Act of Product Quality, denoting the lack of reasonable safety in product designing. Any physical and property damage caused by product deficiency should be accounted for as an interference of civil rights, and thus compensated by producers as the mair body as well as sellers on condition that they err in it. It should be noted that product deficiency differ from product flow as two legal concept in standard of judgement, nature, means, components and main body of taking responsibility, ways of claimation, etc.