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There are two varieties of disputes on product quality. The first is when a
manufacturer or seller has a quality problem with a product which infringes
civil laws and draws complaints from users and consumers. The second is when a
quality problem infringes administrative laws and is subject to administrative
punishment from the authorities concerned.
The two kinds of disputes are completely different. The first is categorized
as a civil dispute. According to the product quality law, consumers can solve
such a dispute through negotiation and mediation. If this fails they can apply
for arbitration or file suit. To date, China has no specified arbitration
institutes for product quality disputes, so consumers can choose a suitable
arbitration committee, which is normally one located in the same area as the
manufacturer or seller. The arbitration institute and people's court will draw a
conclusion based on the result of product quality inspection.
For the second type of quality dispute, the manufacturer or seller cannot
apply for arbitration and if they disobey a penalty from an administrative
department a suit can be filed. |