Research On Recalling Product Legal System

The recalling system of products appears the earliest in America. Then, recalling law system of defective products had been successively established in Britain,Canada,Japan,Australia and other developed countries.The United States applied firstly this system in automobile industry, then expanded gradually to general consumer products, food, pharmaceutical, medical equipment, cosmetics, etc. The recalling system of defective products in the United States and other developed countries indicated that it is a powerful guarantee to the product quality and the rights and interests of consumers. China has issued "the Recall Management Regulation on Defective Automobile Products" in 2004, it construct the recall system of defective products. At present, the recall management regulations of cars, food, toys, and the drug have been carried out successively. Medical equipment, household appliances and other special product recalls legislation also came on. And "The Recall Management Regulations on Defective Product "on the general product put into legislative procedure of late. Now we should study foreign advanced experience, and analyze some theoretical and practical problems in system construction in china, and put forward Suggestions. This is an important significance on our product quality and maintaining the legitimate rights and interests of consumers and the public security, etc.Generation of the recalling system of defective products is related to consumer rights movement,and based on the strict product liability system. About the basic concept of the product recalling adopt mixing definition method, and stands out state administrative and procedural should adopt and explicits the responsibilitof recalling subject. This points out that the producer is the responsibilit of subject of product recalling.This is due to the producers of strict liability. This is helpful to realize the quality control of product. And helpful for consumers, producers and social interests. Of course, in order to keep implementation of the recalling system, when the producers cannot confirm, sellers should be regarded as producers for recall duty. We criticize opinions that according to the theory of risk control for scholars,that is "Who can control and reduce the risk,Who assume responsibility",and which some body think all related defective products should been responsible from manufacturing to distribution. Recall compulsory subjects include roducers, sellers, importers, who all products of the market main body circulation. The object on product recalling,namely defective products should give perfect. The product was identified as the movable property which are processed and producted and circulated, and it includes electricity, gas, natural gas, computer software and so on, but expect the real estate and human tissues and organs and blood. But the connotation of defect is unreasonable danger. Specific standards are the national safety standards, the legal standard etc.At the same time,the concept of defects "double standard"are analized and criticized on the legislation in China.The recalling system of products in our country should be perfect from the following aspects.The first is to expand the object scope of product recalling. The second is to perfect the law system, make its systematically and effectively. The third is to perfect the legal responsibility, enhance punishment. The forth is perfect management system of recall. The sixth is to perfect our product liability system of punitive compensation.