化妆品保质期限的法理分析

目前化妆品越来越成为一种生活必需品,由于化妆品质量导致侵权的案件也呈上升趋势,其中,化妆品外包装标注的保质期是否为开封后的保质期,即化妆品开封后的保质期限是否属于消费者的知情权范围成为消费者和商家争论的一个焦点.尽管我国法律明确规定消费者享有知情权,但对知情权的范围规定得比较笼统,导致实践中知情权不当扩大,从而威胁生产经营者利益的情况.针对这一现状,司法审判中有必要根据不同类别的消费对象对消费者知情权的范围作出界定.这样不仅有利于消费者知情权的实现,也有利于保护生产经营者的合法权利.

Jurisprudence Analysis of Cosmetics' Quality Guarantee Period

Nowadays, the cosmetics has gradually become a kind of necessity for life, and the infringing case has also increased due to the cosmetics quality, among which there always exists a dispute between consumers and the trade company that, whether the date noted on the external package is the guarantee period after opening the package, that is to say, whether it belongs to the consumers' range of right of being in know. Though the law of our country stipulates clearly that consumers enjoy the right of being in know, but stipulate to the range of the right of being in know more generally, which leads to the fact that the right of being in know is expanded improperly in practice so that the situations of operator's interests would be threatened. To this situation, trying to define the range of consumer's right of being in know according to different consumption target is not only favorable to the realization of consumer's right of being in know like this, but also help to protect the producer's legal right.