经营者产品质量义务的法理逻辑和法律表达——以我国《产品质量法》的修订为视角

Juristic Logic and Legal Expression of Business Operators’ Obligation Concerning Product Quality——From the Perspective of Ｒevision of Product Quality Law of China

我国《产品质量法》的修订,应当从产品质量的实践出发,科学地设计和完善经营者产品质量义务制度。要以从生产和使用两大环节观察、提炼生产者与消费者之间的产品质量应然关系为基础,以激发经营者保障产品质量内生动力为目标,在产品责任法、产品质量监管法框架下,分析和表达经营者产品质量的应然义务。其中,产品安全义务是法定义务,是底线;在满足产品安全要求基础之上的产品合格义务,主要是意定义务,体现多样性;相关经营者特别是质量中介服务机构的信息真实义务是支撑。

The revision of Product Quality Law should be made through scientifically designing and improving the system of business operators’ obligations concerning the product quality from the practice about the product quality. The "should-be" obligations of business operators concerning the product quality shall be analyzed and expressed within the frameworks of Product Liability Law and Product Quality Supervision Law, by taking the stimulation of the endogenous impetus of business operators to guarantee the product quality as the objective, and on basis of the " should-be" relationship concerning product quality between the producer and consumer observed and refined from the two links of production and use. Among such obligations, the obligation of product safety is the statutory obligation as well as the bottom line;the obligation of qualified products on basis of meeting the requirement of product safety is the voluntary obligation, thus reflecting the diversity;the obligation of relevant business operators especially the quality intermediary service on authentic information provides the support.