产品质量担保行为是在市场交易中经营者对其提供的产品质量做出的明示或默示的承诺。其实质是平等主体之间的市场行为,按市场经济法治理念,双方关系应主要由市场调节,由司法调整。但在实际交易中,产品质量担保领域出现了许多问题,针对这些问题,政府是否有必要监管?监管的依据是什么?有什么作用?监管的范围、程度和方式该怎样确定?本文将对上述问题进行探讨。一、政府监管产品质量担保的必要性产品质量担保行为是产品经营者在交易过程中做出的一种承诺,按照当事人意思自治原则,只要不违反法律和公序良俗,双方意思表示一致即可,不受政府部门的干涉。但从交易实践来看,由于双方经济地位不平等、信息不对称等原因,买方(主要是消费者)成为实质上的弱势方,其正当权益往往得不到有效保护。出现纠纷后,解决效率低下且成本高。这些问题仅仅依靠市场自身不能有效解决,需要政府作为社会公共利益的代表和市场秩序的监管者,对产品质量担保进行管理。 Product quality guarantee is an express or implied undertaking made by the operator in the market transactions on the quality of the products it provides. Its essence is the market behavior between equal entities. According to the concept of the rule of law in the market economy, the relationship between the two parties should be adjusted mainly by the market and adjusted by the judiciary. However, in the actual transaction, there are many problems in the field of product quality guarantee. For these problems, is the government necessary to supervise? What is the basis for supervising? What is the role? What is the scope, degree and way of supervising? In this article, Discuss the problem. I. The Necessity of the Government Regulating the Quality Assurance of Product Quality The guarantee of product quality is a kind of commitment made by the product operator during the transaction. According to the principle of party autonomy, as long as it does not violate the law and ordre public, the intention of both parties can be unanimous. Interfered by government departments. However, from the point of view of transaction practice, the legitimate rights and interests of buyers (mainly consumers) have often not been effectively protected due to the unequal economic status and asymmetric information of both parties. After a dispute, the solution is inefficient and costly. These problems can not be effectively solved only by the market itself, and require the government as a representative of the public interest in the society and a regulator of the market order to manage the guarantee of product quality.