对我国产品质量法中“货值金额”计算的思考

The Consideration of Calculating"the Value of Goods"in China Product Quality Law

在司法和执法实践中,如何运用产品质量法计算"货值金额"是一个有争议的问题。对于已销售的产品,货值金额应该按实际销售的价格计算;制造、储存、运输和未销售的产品的价值,应该按照标价或者已经查清的侵权产品的实际销售平均价格计算;没有标价或者无法查清其实际销售价格的,按照市场中间价格计算。

In the practice of judicature and executing the law, how to apply the product quality law to calculating ＂the value of goods＂ is a problem which is contentious. For the products which have been distributed, the value of goods should be calculated by the actual sale price. For the products which are being manufactured, in stock, being transported and un-distributed, the value of goods should be calculated by the labeled price or by the average price of the tortious products which have been actually distributed and have been checked, and for those which have no labeled price or the actual sale price of which cannot be confirmed, the value should be calculated by the market middle price.