In " product quality standard " the 46th in clarified " blemish, it is the unreasonable risk that shows product presence endangers security of belongings of person, other; The product has the national level that ensures safety of human body health and person, belongings, occupation standard, it is to point to do not accord with this standard " , that is to say what product blemish basically points to is the unreasonable risk that existence endangers security of belongings of person, other. Be in besides this, of our country " product quality standard " did not do specific classification to product quality blemish, but learning truth (if consult American law learns " tort law restatements: Product liability " ) in reaching judicatory to carry out, can be product blemish cent design flaw, production blemish and label blemish commonly:
1) designs blemish: The existence such as the conception of preform, plan, plan, arrangement and design is unreasonable risk before generator is making a product. For instance, it is easy that when electric car is designing the line of batteries model group at first, undeserved, itself exists short circuit, perhaps did not collect appliance to have according to the regulation flame retardant the stuff with simple material. Although undertake strictly production according to blueprint paper,fall in afore-mentioned circumstances, electric car still has product drawback.
2) makes defect: The unreasonable risk that the product produces in treatment, production process. For instance, the off quality of a certain component of the batteries model group of electric car, bigger dimension error is had to wait a moment in perhaps rigging a process. From the angle consideration of convenient understanding, can design product blemish mediumly the blemish beyond blemish, caution blemish all vest in makes defect.
3) label blemish: Use correctly of the product the method is had no with use danger explain appropriately and be warned and make the product has unreasonable risk. Label blemish applies to product itself to have particular risk to realize its function normally, and the means that should wait for danger to be able to pass caution gives avoid. Normally. For instance, in children toy if include those who have small part, ought to give sufficient clew is swallowed with preventing children on the outer packing of the toy.
"Product blemish " classification has doctrinal sense not only, more orgnaization of appraisal of directive product quality is opposite in judicatory practice " product blemish " the real sense that has finding out.
If be aimed at " design blemish " , orgnaization of product quality appraisal (wait like day vertical appraisal) can be in quality appraisal besides whether according with relevant specification to have identification to the quality of product itself, the blueprint paper that still can combine a product has identification, if products plan itself is put in apparent blemish (wait with respect to extremely easy short circuit like itself of batteries model group) , need not use pair of products to whether have the farther comprehensive identification such as production blemish so, save the time of financial capacity material resources and appraisal.
Be aimed at " label blemish " , appraisal orgnaization can pay close attention to generator / the person that whether does the person that sell have offset to expend uses a product to make sufficient clew whether be had in order to remove a product " label blemish " . For instance, because was used,be blame appoint the circuit short circuit that fill electrical wiring and causes, and should fill electrical wiring itself not to have quality problem, on fire reason is dynamoelectric car and fill electrical wiring to match undeserved, generator to was not adopted signal a shift effectively, also can maintain electric car to have drawback likewise so.
Anyhow undertakes differentiating to the category of product blemish, can the quality problem that better help appraisal orgnaization makes clear product appraisal direction to so that acknowledge controversy product clearly,find the technical method that suits more.
