w88 casino News Network (provided by the w88 casino of Government)In order to implement the "Opinions of the Central Committee of the Communist Party of China and the State Council on Accelerating the Improvement of the Socialist Market Economic System in the New Era" and further promote the construction of a national unified market and a high-level market system,On September 28, 2022, the Market Supervision Forum (Third Issue) "Product Responsibility: The Connection between the Product Quality Law and the Civil Code" seminar, supported by the Regulation Department and Quality Supervision Department of the State Administration for Market Regulation and sponsored by the Market Supervision Institute of the w88 casino, was successfully held in w88 casino. Experts and scholars from the State Administration for Market Regulation, the Financial and Economic Committee of the National People's Congress, the Supreme People's Court, the Beijing Third Intermediate People's Court, Renmin University of China, the Institute of Law of the Chinese Academy of Social Sciences, Tsinghua University, Beijing University of Aeronautics and Astronautics, China Jiliang University, East China University of Political Science and Law, and the w88 casino attended the forum or participated online. w88 casino leaders, leaders from the Institute of Market Regulation, Law w88 casino, w88 casino of Government and some teachers attended the meeting.The forum was hosted by Professor Yu Haichun, Dean of the w88 casino of Government and the Dean of the Market Supervision Research Institute of the w88 casino.        

The forum was hosted by Professor Yu Haichun, Dean of the w88 casino of Government and the Dean of the Market Supervision Research Institute of the w88 casino. Wang Jingbo, member of the Standing Committee of the Party Committee and Vice President of the w88 casino, Xue Guoqin, first-level inspector of the Regulations Department of the State Administration for Market Regulation, and Li Xuanqing, deputy director of the Quality Development Bureau of the State Administration for Market Regulation, delivered speeches. 

In his speech, Wang Jingbo, Vice President of the w88 casino, first expressed his warm welcome and heartfelt thanks to the leaders, experts and scholars who attended the meeting on-site and online. Vice President Wang Jingbo pointed out that the Market Supervision Research Institute this yearSince its establishment in June, it has received widespread support from all walks of life. The institute combines the advantages of cross-disciplinary research in many w88 disciplines. By holding market supervision forums, it focuses on discussing some major strategic and cutting-edge issues in the field of market supervision, writing a blue book on market supervision, and compiling the "Market Supervision Reference" and a series of activities. It presents the most cutting-edge market supervision theory and practical results in the world to relevant leaders and all sectors of society, providing intellectual support for my country's market supervision construction. The topics of this seminar are carefully selected. We hope that experts will contribute their insights to further clarify the coordination and connection between the Civil Code and the Product Quality Law on the product liability system rules, and provide constructive opinions and suggestions for the revision of the Product Quality Law. 

In his speech, Xue Guoqin, the first-level inspector of the Regulations Department of the State Administration for Market Regulation, thanked the Market Supervision Institute of the w88 casino on behalf of the Regulations Department for organizing this forum. He hoped that everyone would discuss the revision of the "Product Quality Law" based on the new development stage, implement new development concepts, and build a new development pattern. Regarding the revision of the product liability system provisions in the "Product Quality Law", she suggested starting from four aspects: first, to clarify the historical evolution of product quality liability and lay a solid foundation for the revision of relevant provisions of the current law; second, to properly handle relevant laws such as the "Product Quality Law" and the "Civil Code" The third is to fully analyze the key issues and important systems of product liability, such as the concept of product defects, the subject of liability, the grounds for defense, etc. The fourth is to be based on reality, make precise suggestions, and provide specific suggestions for the improvement of the product liability system. 

Li Xuanqing, deputy director of the Quality Development Bureau of the State Administration for Market Regulation, introduced the preliminary work related to the revision of the "Product Quality Law" in his speech, pointing out that after multi-party discussions, a consensus has been reached on the future revision of the "Product Quality Law", including the Product Safety Supervision Law, the Product Liability Law, and the Product Quality Promotion Law. In the current "Product Quality Law"The content of "product liability" is not yet complete, especially the connection with the Civil Code needs to be further promoted. Today, core experts who participated in the drafting of the Civil Code participated in the discussion and look forward to forming more consensus. Director Li also specifically pointed out that the General Administration is exploring the third-party dispute resolution mechanism and the construction of systems related to product quality accident reporting and investigation and handling. He hopes that experts will also pay more attention to these legal issues and provide some good opinions and suggestions in the future. 

Wang Liming, professor at the Law w88 casino of Renmin University of China and core expert in drafting the Civil Code, discusses Article 1 of the Civil CodeArticle 1207 provides a detailed explanation of the punitive damages provisions in product liability. Professor Wang Liming believes that punitive damages in product liability are a special form of civil liability, and the basis of its claim should be based on infringement rather than breach of contract. Professor Wang then conducted an in-depth analysis of the applicable constituent elements of punitive damages in product liability, such as knowing knowledge, failure to take remedial measures in a timely manner, serious damage to health, corresponding damages, etc., combined with relevant disputes in the theoretical and practical circles, and provided ideas for the revision and improvement of relevant provisions of the Product Quality Law. 

Zhang Xinbao, professor at the Law w88 casino of Renmin University of China and core expert in the drafting of the Civil Code, reviewed the formation process of the product liability provisions of the Civil Code, and explained the relationship between the current product liability provisions of the Civil Code and the damage compensation provisions of the Product Quality Law, as well as the relevant legislative background. Professor Zhang Xinbao believes that if the current provisions of the "Product Quality Law" are different from the "Civil Code" and really need to be revised, they must be revised. The "Civil Code" does not have existing provisions in the "Product Quality Law" and should be retained. Professor Zhang also expressed his views on the current Article of the "Product Quality Law"Specific suggestions for modifications were made on issues such as the scope of damages in Article 41, other major losses in Article 44, and the statute of limitations in Article 45. 

Chen Xianjie, the first-level inspector of the Research Office of the Supreme People’s Court, commented on Article 1 of the Civil Code1203 articles elaborated on their views on the nature of liability, the subject of liability, and the form of liability for damage caused by product defects. Judge Chen believes that academic circles often interpret this provision as not truly joint and several liability, but practitioners generally believe that it is joint and several liability. The differences between the two have a great impact on judicial application. Judge Chen analyzed the development and evolution of product liability in American law and German law respectively, and believed that based on the need to better protect the rights and interests of consumers, my country has extended regulations on the responsible subjects of product liability, but this has not changed the essence of product liability being producer responsibility. 

Cui Shanshan, deputy director of the Bill Office of the National People's Congress Financial and Economic Committee, said that the National People's Congress Financial and Economic Committee is actively promoting the revision of the "Product Quality Law". Regarding the revision of the "Product Quality Law", there are three thoughts: First, the revision of the law should be considered in the context of the new development stage. Our product quality legal system is interrelated with the national development strategy; second, the law itself is a public product, and the product quality legal system also needs to be updated and iterated. In addition to our existing theoretical research methods, we can also learn from some empirical research methods. We hope that the Market Supervision Research Institute can make more contributions in this regard; third, we hope to communicate more with comrades in academia, regulatory departments, and judicial organs to jointly promote high-quality legislation. 

Professor Li Jun, Executive Dean of the Market Supervision Institute of the w88 casino and w88 casino of Law, first explained the necessity of improving the product liability system. He believed that a complete product liability system can give full play to the role of market mechanisms, government supervision, and social supervision, effectively ensure product safety, improve product quality, and is the basic institutional support for high-quality development. Professor Li Jun believes that there are some shortcomings in the current product liability system, such as unclear definition of core concepts such as product defects, weak operability of rules such as punitive damages, deficiencies in supporting rules for the operation of the product liability system such as distribution of the burden of proof and diversified dispute resolution mechanisms, and some provisions of the Product Quality Law that are inconsistent with the Civil Code. He then put forward specific suggestions for improvement. 

Researcher Xie Hongfei, director of the Civil Law Office of the Law Institute of the Chinese Academy of Social Sciences and a core expert in drafting the Civil Code, expressed his views on the insurance issue of punitive damages in product liability. He noted that punitive damages insurance is a highly contentious issue. In practice, the United States supports punitive damages, and the amount of punitive damages in some cases is also very high. However, Germany has a negative attitude towards punitive damages and basically does not use them in practice. Based on an in-depth analysis of the arguments for and against punitive damages insurance, Researcher Xie believes that punitive damages in product liability are insurable and that the Product Quality Law can provide more detailed provisions on punitive damages. 

Professor Cheng Xiao, Vice Dean of Tsinghua University Law w88 casino, first analyzed the relationship between the Civil Code and the Product Quality Law, and believed that the relevant provisions of the Product Quality Law are of great significance to the implementation of the Civil Code. Professor Cheng then explained his views on the issue of the seller's liability principle in the revision of the "Product Quality Law" and the ways through which damages caused by defective products should be remedied. He suggested that when revising the "Product Quality Law", both self-damage and damage caused by defective products to others should be taken into consideration, without having to learn from Germany's practice of distinguishing between the two. This is simpler, more economical, and more conducive to protecting the interests of victims. 

Professor Zhou Youjun, Secretary of the Party Committee of Beihang University Law w88 casino, mainly elaborated his views on the relationship between the Product Liability Law and the Civil Law, the definition of products and product defects, and product-related responsibilities. He believes that as far as the product liability provisions in the Product Quality Law are concerned, its relationship with the Civil Code is that of general law and special law. On this basis, the revision of the relevant provisions of the Product Quality Law should be handled in accordance with the principles of complementarity, operability, and inducement. At the same time, the provisions stipulate that coordination with other parts should be considered, the density of specifications should be moderate, and the rest can be left to future judicial interpretations or implementation regulations. 

Hou Jun, President of the Case Filing Division of the Beijing Third Intermediate People's Court, talked about his opinions on the revision of product liability-related provisions in the "Product Quality Law" from the perspective of judicial practice. He believes that the improvement of the product liability system should reflect the concepts of source governance and diversified governance, prevent and resolve conflicts and disputes through multiple channels, reduce judicial pressure, and protect the rights and interests of victims. Judge Hou then expressed his views on some difficult issues in the application of product liability provisions in the judicial process, such as the multiples and bases of punitive damages, the standards for identifying product defects, the connection between damage compensation and public interest litigation, etc., and hoped that they would be resolved when the Product Quality Law is revised. 

Professor Zhang Yun from the w88 casino of Law of China Jiliang University expressed his opinions on the modification of the specific provisions of damage compensation in Chapter 4 of the "Product Quality Law". She thinks, No.Article 40 should add the content that the seller shall not delay intentionally or refuse without reason and the reasons for the seller’s exemption. The last two reasons for exemption of producers in Article 41, namely the defense of "no defects when put into circulation" and the defense of development risks, conflict with the follow-up obligation provisions of the Civil Code and should be adjusted or deleted. Articles 42 to 45 are also inconsistent with the provisions of the Civil Code and should be adjusted. In addition, the concept of product defects should be accurately defined and the criteria for judging the types of product defects should be clearly defined. 

Researcher Dong Chunhua from the w88 casino of Intellectual Property of East China University of Political Science and Law discusses the relationship between the Civil Code and the Product Quality Law, Article 1 of the Product Quality LawThe revision of Articles 41, 42 and other provisions, the identification of unreasonable dangers and other issues are explained. She believes that the damage compensation part of the "Product Quality Law" has its own logic, and relevant rules can be supplemented and refined without conflicting with important rules of the Civil Code; it is very necessary to accurately define the concept of product defects, but detailed provisions on how to judge unreasonable dangers need to be cautious. For highly subjective judgment standards such as consumer expectations and risk-benefit regulations, China's judicial application difficulties must be considered. 

In the final concluding remarks, Li Hejun, Deputy Director of the Quality Supervision Department of the State Administration for Market Regulation, said that today's seminar was very meaningful. The in-depth discussion of relevant issues at the meeting was a good support for accelerating the revision process of the "Product Quality Law". The revision drafting group will actively absorb and adopt the macro-level ideas and modifications to specific provisions put forward by experts. In the next step, I hope that all experts will continue to support the revision of the "Product Quality Law", especially the improvement and innovation of the product liability system, to jointly promote the progress of my country's quality cause and promote high-quality economic and social development. 

Professor Mei Xiaying, Dean of the Law w88 casino of the w88 casino, said in his concluding speech that the establishment of the Market Supervision Institute is a major event for the w88 casino and the law w88 casino. The third market supervision forum organized today was very successful. I believe that the insights expressed by the experts will be of great help in improving my country's product liability legal system. It is hoped that the institute will continue to give full play to its multidisciplinary advantages and the advantages of combining academia and practice to do a good job in research and make greater contributions to our social services and disciplinary development. The w88 casino of Law will continue to provide support. 

Finally, Vice President Wang Jingbo once again expressed his gratitude to all the leaders and experts who attended the meeting. The meeting ended successfully with warm applause.