在华外资企业产品责任的法律规制
发布时间：2019-05-07 11:38
【摘要】：随着全球经济交往的深入发展,企业在国际经济和社会生活中所扮演的角色在逐渐发生改变。企业的价值评价已由从前的利益最大化逐步转变为社会责任。同时,随着科学技术的不断发展,一个商品可以在多个国家之间进行生产、加工、交换、流通、消费、使用,这使得跨越国境的产品责任案件日益增多。近几年来,外资企业产品责任案件的陆续发生,使得我国国内对于外资企业产品责任问题的关注度逐渐升温。目前,我国出口产品的60%是由外资企业制造的,因此,在华外资企业应当承担起保障和提高产品质量的责任。本文通过理论与实务的综合考察,分析了我国在华外资企业产品责任的现状与缺陷,并通过与国外外资企业产品责任相关法律规制的比较,提出作者的粗浅看法,希望对在华外资企业及消费者更好地保护其合法权益起到指导作用。本文除绪论和结论外,共分为四个部分。第一章,通过近年来几例在华外资企业产品责任案件的介绍,简要点评在华外资企业产品责任的现状与焦点问题。第二章,具体介绍因外资企业产品缺陷而引起的法律责任的类型,包括民事责任、行政责任、刑事责任。第三章,通过对比国外外资企业产品责任的相关法律规制,剖析对我国的借鉴意义。第四章,分析有关外资企业产品责任的缺陷并提出笔者粗浅的看法,供各位同仁批评指正。
[Abstract]:With the development of global economic exchanges, the role of enterprises in international economic and social life is gradually changing. The value evaluation of the enterprise has been gradually transformed into social responsibility from the maximization of the former benefits. At the same time, with the development of science and technology, a commodity can be produced, processed, exchanged, circulated, consumed and used among many countries, which leads to an increasing number of cases of product liability across the border. In recent years, the product responsibility cases of foreign-funded enterprises have occurred one after another, which makes the domestic concern about the product responsibility of foreign-funded enterprises heating up gradually. At present, 60% of China's export products are manufactured by foreign-funded enterprises. Therefore, foreign-funded enterprises in China should assume the responsibility of ensuring and improving the quality of their products. Through the comprehensive investigation of theory and practice, this paper analyzes the present situation and defects of the product liability of foreign-funded enterprises in China, and puts forward the author's brief views on the comparison with the legal regulation of the product responsibility of foreign-funded enterprises. Hope to foreign-funded enterprises and consumers in China to better protect their legitimate rights and interests play a guiding role. In addition to the introduction and conclusion, this paper is divided into four parts. The first chapter, through the introduction of several cases of product liability of foreign-funded enterprises in China in recent years, briefly comments on the current situation and focus of product responsibility of foreign-funded enterprises in China. The second chapter introduces the types of legal liability, including civil liability, administrative liability and criminal liability. The third chapter, through the comparison of foreign enterprises' product liability related legal regulation, analyzes the reference significance to our country. The fourth chapter analyzes the defects of product responsibility of foreign-funded enterprises and puts forward the author's views for colleagues to criticize and correct.
【学位授予单位】：上海大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.8
，
本文编号：2471045
[Abstract]:With the development of global economic exchanges, the role of enterprises in international economic and social life is gradually changing. The value evaluation of the enterprise has been gradually transformed into social responsibility from the maximization of the former benefits. At the same time, with the development of science and technology, a commodity can be produced, processed, exchanged, circulated, consumed and used among many countries, which leads to an increasing number of cases of product liability across the border. In recent years, the product responsibility cases of foreign-funded enterprises have occurred one after another, which makes the domestic concern about the product responsibility of foreign-funded enterprises heating up gradually. At present, 60% of China's export products are manufactured by foreign-funded enterprises. Therefore, foreign-funded enterprises in China should assume the responsibility of ensuring and improving the quality of their products. Through the comprehensive investigation of theory and practice, this paper analyzes the present situation and defects of the product liability of foreign-funded enterprises in China, and puts forward the author's brief views on the comparison with the legal regulation of the product responsibility of foreign-funded enterprises. Hope to foreign-funded enterprises and consumers in China to better protect their legitimate rights and interests play a guiding role. In addition to the introduction and conclusion, this paper is divided into four parts. The first chapter, through the introduction of several cases of product liability of foreign-funded enterprises in China in recent years, briefly comments on the current situation and focus of product responsibility of foreign-funded enterprises in China. The second chapter introduces the types of legal liability, including civil liability, administrative liability and criminal liability. The third chapter, through the comparison of foreign enterprises' product liability related legal regulation, analyzes the reference significance to our country. The fourth chapter analyzes the defects of product responsibility of foreign-funded enterprises and puts forward the author's views for colleagues to criticize and correct.
【学位授予单位】：上海大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.8
，
本文编号：2471045
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