Issue of product quality issue is the one big difficult point that perplexes an enterprise all the time, pay close attention to by the height of law Wu person of the same trade. For this, on April 26, 2019, LEB was held in Beijing area " problem of difficulty of solid Wu of product quality issue is analytic " the activity below the line, invite the Wu Feng's lawyer of office of Beijing Lang Cheng's attorney, the experience that combines its to handle car product issue for years and each law Wu person of the same trade shares the view that answers this kind of question. Come from Ao Di, Beijing contemporary, beautiful can, on steam masses, Coke Cola, fight hill to waited for delegate of many 20 company method Wu to participate in this second conference.
Honored guest introduction
Wu Feng of director of office of Beijing Lang Cheng's attorney
Wu Feng's lawyer holds the position of much home for a long time to include " the world 500 strong " and " China 500 strong " inside the foreign trader is solely invested company, joint-stock company, appear on the market the counsel of the company, accuse in suit of civilian trade issue, arbitration and blame respect of legal general affairs has deep academic strength and rich fact Wu experience, be good at handling lawsuit of automobile product liability, investment to buy general affairs of dispute of project, labor, intellectual property and company especially everyday law hazard prevents the legal fact that accuses to reach the side such as crisis correspondence Wu, have oneself original academic understanding and handle a case result.
Wu Feng's lawyer comes for years dedicated the legal research at product quality and safe respect and lawyer solid Wu, be solved in the dispute that involves product quality and safe aspect especially and legal hazard is on guard respect, have rich from already check and good legal strength.
The client of the service includes abundant cropland car, Daimule to run quickly, masses car, contemporary car, day produces car of car, one steam group, east wind, Biyadiji round, always amount to car, Haierji group, Yageerji.
Wu Feng's lawyer holds the position of quality of product of bar association of the 9th Beijing and safe law major council vice director, there are remarkable success and deep attainment in domain of law of Chinese product quality, write have " what the car produces character to measure issue is analytic with answer " (legal press) wait for monograph, by ALB (Asian Legal Business) judge for " 10 beautiful lawsuit lawyers of 2013 year China " . In addition, wu Feng's lawyer still holds the position of visiting professor of graduate school of college of Beijing University law, car of committee of Guangdong province consumer consumes the post such as expert of committee of dimension authority major.
Wonderful reviewing
Mobile beginning, wu Feng's lawyer arrives with respect to the introduction, the issue that concerns with product quality involves each production to reach production industry, have the following characteristics: It is catholicity above all, without giving thought to what industry or product, appear likely product quality problem. Wu of law of enterprises also can handle the issue related to product quality in great quantities. Next, the severe causticity of legal responsibility, no matter be " consumer rights and interests protects a law " or " food safety law " , emphasizing while civil liability compensates for principle of type of fill and level up, emphasize punishing sexual compensation more and more. More important is, because produce those who taste quality problem to ferment the gender is very strong, once handle not to be pooh-poohed, evolve very easily to accept the social event of attention, affect the core brand image of the enterprise then. Accordingly, the enterprise has not been been to producing character to measure a problem how to take seriously again.
Next, fierce lawyer basis before the case enumerate of agency the problem gives out related quality of the product in lawsuit analytic opinion. The contract dispute that causes to product liability dispute and product quality demur above all undertook li Qing Dynasty. Involve product quality issue, appeal to and produce those who taste the tort of quality what can pass contract beak a contract commonly to appeal to the right that will relieve his, but both is in main body of legal impact, the accused, cognizance standard, return duty principle and compensatory limits respect have very apparent difference. Return especially duty in principle, fierce lawyer emphasizes, the generator below product defect case is applicable without fault responsibility principle, right the person that sell is applicable fault responsibility principle. The responsibility of breach of contract below product flaw case is not to have fault principle.
In addition, fierce lawyer analysed the quote responsibility of dispute of product liability tort and dispute of product quality break a contact to allocate an issue. It is to abide by usually " maintains whose quote principle, but official of special situation laxative remedy is right " quote responsibility move has freedom to cut a quantity into parts to counterpoise " , for example car fire kind in the case, the public security fire control that the judge thinks accuser refers " fire accident holds a book " (for instance conclusion sex opinion is: Eliminate kindling of factitious arson, bequeath to cause fire, do not eliminate electric circuit breakdown to cause fire to wait) , had fulfilled abecedarian quote obligation. Quote responsibility ought to transfer the accused, by the accused with respect to car fire and problem of car oneself quality nonexistent causal assume quote obligation. Below this kind of circumstance, the effect that produces manufacturer to the accused car is bigger.
After resting simply, wu Feng's lawyer shared the con issue that dispute of product quality contract involves, cited the car that the careful of top people court that its participate in writtens guarantee consumes a domain " con " dispute the first case -- record of car of Guizhou guest benefit, baconian piece " 4 law are limitted " , " a judgment is discussed " , " 3 industries think " . After that, the responsibility of the different subject in introducing product liability dispute and dispute of product quality contract assumes a problem, point out corresponding juridical basis. Fierce lawyer is returned from quality demur period and quality assure period two angle shared enterprise interior to add up to what quality problem tastes about producing in compasses to answer strategy, win those who enter meeting person of the same trade all the time reputably.
Of the activity finally, what Wu Feng's lawyer and ginseng met law Wu person of the same trade to have glow is interactive, very detailed patience solved the query of everybody, everybody expresses in succession, the thinking that fierce lawyer solves is clear, logic is close. Sequel also hopes to be able to more opportunity participates in the activity of LEB high quality.
