我国产品责任制度若干问题的探讨

The Self-Criticism about Several Problems of Product Liability System in Our Country

产品责任制度的宗旨在于保护消费者的利益,其完善程度直接决定着保护水平的高低。从《中华人民共和国民法通则》颁行至今,我国产品责任制度虽经多年发展,但仍存有缺憾,与发达国家相比亦存在较大差距,并在实践中严重影响了对消费者利益的有效保护。因此,从立法宗旨、产品范围的界定、产品缺陷的界定标准、产品责任制度、赔偿制度等方面进一步完善我国产品责任制度已刻不容缓。

The aim of the product liability system lies in the protection of consumers'interests. Its perfection is directly determined by the protecting level. The'general rule of the civil law'was issued so far, although the product liability system of our country has developed for years, it still has a shortcoming in many respects, and also has a greater disparity compared with the developed countries, and has affected the valid protection of consumer's interests seriously in practice. So, it is already very urgent to perfect further the product liability system of our country in the aim of legislation, the scope of products, the product defects, the product liability system and the compensation system.