强制性标准是生产者生产产品必须遵循的标准。符合强制性标准抗辩是指产品符合强制性标准导致伤害时，生产者可减轻或免除赔偿责任。强制性标准与侵权诉讼标准各有千秋，而中国法院对强制性标准的盲目崇拜，使其赋予符合强制性标准抗辩较高的证据效力。法院对强制性标准的尊重实质上是对立法和司法权力的尊重，但这会导致产品符合强制性标准又致害时，受害人无法获得救济。中国法院应适当降低符合强制性标准抗辩的地位，使其既能维护受害人的权益又能鼓励生产者研发新产品。

Regulatory standard is the standard which the manufacturer should follow. What the defense of regulatory compliance refers to is that when the product which conforms to the mandatory standard incurs the damage, the responsibility of the manufacturer could be diminished or exempted. Mandatory standard and the standards in tort litigation each has its own merits while China’s courts’ blind worship of the mandatory standard makes it endow the defense of regulatory compliance with more weight even finality. Courts’ refer to mandatory regulation virtually shows refer to the legislature and judicial, but this will result in no remedy for the injured when the product which causes the damage conforms to mandatory regulation. The role of the defense of regulatory compliance should be diminished to the extent that it could not only protect the right of the injured but also encourage the manufacturer to invent new products.

国家社会科学基金青年项目“我国侵权法上公平责任适用研究”(11CFX037)