我国产品质量法若干问题的探讨

现行的<产品质量法>尚有不严谨之处,产品外延太窄,应稍宽泛一些;产品缺陷两个标准不宜并列运用,以"不合理的危险性"为基本标准,以生产标准为辅助标准较合适;就涉外产品责任的法律适用可以积极参加国际条约或缔结区域性公约以及对我国<产品质量法>进行增补方面加以完善.

A Discussion on Several Problems With the Product Quality Law

There are some flaws in the current Product Quality Law, namely, its limited coverage of applicable products and the improper simultaneous utilization of two criteria on defective products. The article puts forwards some suggestions: in dealing with defective products, the basic criterion of unreasonable harmfulness should be employed as the guiding principle with the production standards as a supplementary one; amendments to the current Product Quality Law as to international goods, joining international agreements or concluding regional conventions on international goods may all remedy the absence of items concerning international goods.