Mutual complementation

According to the provisions of our country's legislative law, the Drug Administration Law should be applied, because special laws are superior to general laws, which is the applicable rule for conflict of laws clearly stipulated in the law. For product quality issues of pharmaceutical products, the Drug Administration Law of the People's Republic of China and the State shall first be applied. Regarding a certain legal act, both common law and special law have provisions, or when the provisions are slightly different, the special law shall take precedence.

For example: a certain unit produces and sells products using someone else's well-known trademark. This is an illegal act of producing counterfeit and shoddy goods. It violates both the Product Quality Law and the Trademark Law. The Trademark Law is a special law compared to the Product Quality Law, and of course it shall be applied first. All in all, it is more accurate to use special methods. Wu Ma Qian Kui Guizhou, the relevant laws of the measurement method, refers to the same product theory, and the second product Hui is special. Law, it is a law that has a certain relationship with the provisions of the Product Quality Law.

These laws mainly include: Food Hygiene Law, Drug Administration Law, Measurement Law, General Principles of Civil Law, Contract Law, Advertising Law, Civil Procedure Law, Administrative Procedure Law, Criminal Law, Anti-Unfair Competition Law, and Consumption Law. Law on the Protection of Rights and Interests of Investors, Arbitration Law, etc. There are mainly three relationships between product quality laws and related laws:

1. The relationship between special laws and general laws. For the supervision and management of product quality, the Food Hygiene Law, the Drug Administration Law, Measurement laws are special laws, which provide special provisions on quality supervision issues for special products such as food, medicines, and measuring instruments; product quality laws are general laws, which provide general provisions on quality supervision and management issues for all products. There are special provisions on the statute of limitations for product quality damages and quality-related damages; the General Principles of Civil Law is a general law, which makes general provisions on the statute of limitations for damages. Some provisions of special laws are inconsistent with the provisions of general laws. In this case, how to apply the law, the customary principle is that special laws are superior to general laws. In other words, the provisions of special laws apply and the provisions of general laws do not apply. In this case, how to apply the law? It is customary to follow the principle that the later law is superior to the previous law, that is, the provisions of the later law apply and the provisions of the previous law do not apply.