Research On Legal Issues Concerning Recall System Of Defective Products

Recall System of Defective Products is the product of the consumer protection movement, the industrial era of social productive forces has the rapid enhancement, and the state intervention into the economy becomes normal and necessary and the legal community of the combined effects. With the rapid development of global economic integration, as an effective means and remedies to guarantee that consumers and public interest against safety hazards, Recall System of Defective Products has become an international common business practices. In many countries and regions of the world, particularly in the United States, Australia, Canada, the European Union and Japan etc., the system which they have is particularly mature and improved. The subject and the procedure of Recall System of Defective Products have the complexity. However, due to historical and economic development reasons, the system in our country has not been established currently. In 2004, promulgated the "Provisions on the Administration defective vehicle product recall" is an initial attempt to establish the system in our country, although its recalled product object was restricted in vehicle this product merely, it had many deficiencies in the concrete question's stipulation, but it was taken a substantial step to gain the precious experience for the construction of the system in our country. The United States is the first country to implement Recall System of Defective Products, the related systems of France, Britain, Italy in Europe and Japan in Asia are worthy of our system in place for reference.This article begins with the basic concept of Recall System of Defective Products based on the legal status of the reference to the experience of developed countries, combined with our reality, separately from the recall of the main obligations, object, method, punitive measures etc., to carry on the major issues for the construction of our Recall System of Defective Products, so as to form a set of validity, timeliness, operability as the main features of the institutional system, to fill the gap for the delay of product quality legislation. The key point of this article is the legal status and specific construction of our Recall System of Defective Products. The article is divided into five parts to illustrate the issues related to Recall System of Defective Products.The foreword part is to overview the current domestic and foreign research for Recall System of Defective Products.The first part elaborates the concept of Recall System of Defective Products. It specifics the concept of "Products" and "Defective Products", compares between "Imperfect Products" and "Substandard Quality of Products" such confusing concept to give a clear definition and relations of "Defective Products".The second part analyses the basic theory of Defective Products. It elaborates the content, nature and characteristics of Recall System of Defective Products in detail. Respectively, it makes detailed comparisons and distinctions between "Product Warranty," "Product Withdrawal", "Repair, Replacement and Return of Product," "Mandatory Recycling" and "Product Liability". It also illustrates the arguments based on Recall System of Defective Products and clearly definite its object and scope.The third part describes and analyzes the Defective Product Recall systems of the major developed countries. It inspects the related systems of the United States, Australia, Canada, the European Union and Japan, draws on useful experiences which combined with our reality.The fourth part makes the depth elaborations of the related law, local regulations and department rules and regulations of our country one by one, identifies the insufficiency and the problems.The fifth part proposes the author's own legislative conception of how to improve our Recall System of Defective Products. It put forward concrete proposals on the legislative model, the legislative principle, the implementing agencies, the standards, rights and obligations of implementation and supporting systems in view of the procedure and actual operation each aspect.In brief, the article aims of research into our related Recall System of Defective Products issues, provides the legislative proposal to the establishment and improvement of our related system for a reference for future legislation.