People's Daily: " national standard " No " avoid the responsibility shield "

People's Daily: " national standard " No " avoid the responsibility shield "
" accord with " National standard, has just avoided producers' administrative responsibility, but does not avoid producers' liability for tort naturally It seems nowadays that " Qu Mei's disturbance " Secret worry not brought, far above star to be false to speak on behalf, or a certain product quality store defect in to be then simple. Recalling " Beautiful weight-reducing capsule of song " , announce, again after the production, query in the face of public opinion Taiji of manufacturer Chongqing group respond and claim: " the American products of song accord with the national standard, so does not have compensation plan in taking to consumers with beautiful song for a long time before this " . The response of Taiji group may well be termed " It is sound to throw the ground " . But several are hung doubts that still wait to solve: Accord with the products of the national standard so, why recall voluntarily? Enterprises can take the national standard and avoid the responsibility oneself, who should consumers look for to argue? " like new students, reproduces the beautiful true quality after Qu Mei " ,Is the American original captivating advertisement of the song qualified? The national standard is brought and done " Avoid the responsibility shield " ,It is not the first time. Before this, some shampoo is exposed to the sun and include carcinogen, it accords with the national standard that the manufacturing company responds; Exploded in the chicken McNugget and includes the garniture of question, McDonald says that accords with the national standard; BAIYAO (white drug) (sic) toothpaste of Yunnan falls into " The efficiency door " ,The company claims to accord with the national standard too However, " accord with the national standard " Do not bear responsibility? The products that really did harm to consumer to those, so-called " accord with the national standard " Getting more indestructible really when if you can't exempt, blame shielding? It is believed that some likes taking " The national standard " Say the enterprises of the thing, will certainly be familiar with article 46 of " law on product quality ": "The defect in this law, mean the products have unreasonable danger which jeopardize life, others' property safety; The products have national standard of ensuring the health and safety of human life and property, sector standard, mean that does not accord with this standard. " But these enterprises must have misunderstood this clause, has thought that so long as accords with " national standard " ,There is not a defect of products. This does not obviously correspond to legislative spirit, run counter to actual life too. The ones that do people great harm " Three deer " Milk power, it is said " produced according to the national standard strictly " too originally ,finally and OK? Gather cyanogen amine and did not even belong to the national standard to manage originally three times, but could enterprises add at will? " law of liability for tort " issued newly stipulates: "Causing what others damaged by the fact that the products have defects, producers should bear the liability for tort. " Judging to defect of the products, the national standard is only the minimum standard, if the products have standards different to predict and unreasonable and dangerous and doing harm to consumer, even it " Accord with " National standard, producers can't avoid the responsibility either. In other words, " accord with " National standard, has just avoided producers' administrative responsibility, but does not avoid producers' liability for tort naturally. Unfortunately, though some enterprises are familiar with the latest information of the trade in the front of industry, but always like swimming and walking on the edge of bottom line, is fond of boring the gap not complete of the national standard yet, and so as to deceive oneself in the ground " Avoid the responsibility oneself " . Today of community responsibility of talking animatedly, an enterprise if even one's own product quality can't be guaranteed, or the rights and interests to consumers are ignored, the homework of other respects is done more, I'm afraid that does not there is not a qualification to be luxurious and discuss community responsibility. If enterprises stick to closely " The national standard bottom line " Start from the interests excitedly, then improve the national standard in right time, guard the safe gate well, the supervision department is duty-bound. But from " three deer " Milk power, " the beautiful one " arrives Red stoneware is stewed, and then reach " Qu Mei's disturbance " ,Review the safe incident of a lot of products, " warning light " should arise But the supervision department of function becomes " Fireman " ,It is regrettable. As public and safe defender, law-executor of the product market, if supervision department can provide for a rainy day, improve and predict ability, can be ahead of time to assess, upgrade the national standard in time voluntarily, is impelling the products to upgrade safely constantly, then a lot of products safe incidents would not happen. After the safe incident of the product each time, someone will always ask: The next one " Win a bid " Will? Should prevent this kind of worry from coming true unfortunately, enterprises and the supervision department should all be from serious about " national standard "ing At the beginning.

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