Study On Legal System Of Defective Product Recall

As an important system for safeguarding the interests of consumers, legal system of defective product recall has been widely adopted in abroad. Furthermore, it has achieved considerable results. Our country has just taken steps to it, seeking a suitable mode for China's national conditions. At the same time, many discussions have been made in the academe. At present, achievements have been made only in the defective automobile recall and automobile recall system has been tried out since 2004.At this stage, due to the absence of the legal system of defective product recall in our country, many enterprises, especially foreign manufacturers, often ignore the interests of our Chinese consumers. With the exposure of many defective products in the consumer goods, consumer groups represented by consumer associations have urged strongly that the system should be implemented in all round, including food, electrical equipments and all products to protect the rights of consumers. Therefore, It is looming ahead to draw from the legislative practice and combine it with our country situation, then establish and improve the legal system of defective product recall. From the direction, this thesis has divided into four parts to make discussions.In the first part, the definitions about the legal system of defective product recall, its origin and development will be introduced. Thus, the general comprehension about the system will be formed. From the perspective of consumers rights, the promotion of products technology and strengthening the corporate image, the meaning of establishing and improving the system will be discussed.In the second part, firstly, the representation of the legislative experience of the United Stated and Japan will be selected and analyzed. Secondly, the necessity of establishing and improving the recall legislation of our country will be proposed, and feasibility of recall legislation will be discussed by knowing the current legislation situation. Finally, combining the experience of foreign countries with current legislation situation of our country, legislative mode, legislative effect level and specific legislative provisions of both will be compared.In the third part, on the base of framework and contents of the "Product Recall Management Ordinance (draft)", the existing problems will be discussed and the improvement of recommendations will also be made. It mainly contains the following six aspects:the definition of specific defects, the types of defects, execution supervision of recall, the management center of defective products, simplified procedures and the responsibility of recall and etc.Because the above ordinance has not been formally introduced, and the specific implementation details have not been clear, thought the form of some defective products recall provisions on the AQSIQ (General Administration of Quality Supervision, Inspection and Quarantine the People's Republic of China), the fourth part attempts to analyze the relevant issues in the work of recalling defective products, including simplified procedures, information platform, social group management, expert database management, early warning system and etc., and the implementation rules, the specific standard enactment will be discussed.In the creative process of the thesis, the writer has found the relevant legislative shortcomings of defective product recall, which is harmful to realize the full protection of the consumers' rights and the principles of public interests. Considering this, the writer sincerely hopes that the legal system of defective product recall will be established and improved as soon as possible.