Study On Defect Product Recall Law System

While the developing of international trade and market economy after opening reformation, the category of products in China is becoming abundance. However, the damages suffered by consumers and threat faced by the society caused by defect products become increasingly seriously. Unfortunately, at present, the legislation of our country does not change this situation effectively. Under the circumstances, the purpose of this article is to discuss how to set up a law and a law system to enhance the protection of consumers and society, and even to promote the developing of China's economy.After consulting a lot of materials and doing comprehensive investigation, the article introduces the legislations and cases about product recall, and uses the means of comparison, case analysis and law interpretation analysis to analyze them logically, historically and realistically.The first part of the article introduces the defect product recall of foreign countries.The second part of the article describes the realities about defect product of China. Then it studies the China's legislation in this field and points out the shortcomings of the law system of China.To set up the base of legal theory of defect product recall system, the third part of the article demonstrates the important and basic principles about definition of product recall, products and product defect in product recall law system. And then the article analyzes the economic law character of this law and the relationship between the product recall law system and product liability law system.The fourth part of the article uses a method of Marxism to analyze China's reality. A conclusion that it is necessary to built up the product recall law system in China is draw. Firstly, on the question concerning how to set up this law system, the author especially points out how to make up the shortcomings of law system at present. Finally, the article brings forward, to set up product recall lawsystem in China, the six aspects should be considered. The first of them is to set up government organs with right to supervise product recall. The second is to ascertain the obligors of product recall. The third is to ordain the report and publication of product recall information. The fourth is to regulate the manner of product recall. The fifth is to affirm product recall procedure. The sixth is to ordain the law liabilities for offending this law.The innovation of the thesis is not only it brings forward the defect product recall law system should be set up in China, but from a brand new angle of view of systematism of China's defect product law, it points out defect product recall law system can combine with product liability law system. Just because defect product recall law has a character of economic law and a unique function to prevent and lessen the happening of damage, while the product liability law has a function of relief, remedy and education. They form an integrated defect product law system to offer a general, extensive and systemic law protection to consumers and whole society.