On The Several Questions About The Construction Of Defective Product Recall System

April 8,2009, the State Council Legislative Affairs Office published the "Defective Product Recall Management Ordinance (draft)", announced to seek public views before the May 26. Although only administrative regulations of the Ordinance, but compared with previous administrative regulations, the legal effect has been on the rise. The Ordinance also broke the practice of separate legislation on automotive, food and other products, expanding the scope of the adjustment to all products in China except drugs and military. The introduction of "People's Republic of Tort Liability Act" (hereinafter referred to as "Tort Liability Act") Expresses the efforts for the establishment of Defective Product Recall System. "Tort Liability Act," the first clear the product recall system, which indicates that the recall system for defective products in China has been identified in the Basic Law.But the implementation of the system have yet to recall defective products on the conditions, procedures and other issues related to the recall further defined by legislation.Defective Product Recall the legal system to resolve product quality issues as an important measure put forward. Experienced product liability tort liability from contractual liability to recall defective products liability and then to the process.Recall defective products is not just a system to protect Individual consumers but to the interests of the consumer groups. And product liability based on contractual liability and tort liability different, this is different from product liability based on contractual liability and tort liability. Not a defective product against the conditions applicable to product recall system.more emphasis on the preventive effect Beforehand. Defective product recall system as part of the law of social standard to protect the public interest, has its basic values, and reflects the people-oriented spirit of the law.Defective Product Recall system emphasizes respection and protection to the safety of health and property of consumers, its main purpose is to minimize product damage. Defective product recall system, although the original legislative intent of protecting the interests of consumers, but it's more important to protect the public interest. Defective product recall system force producers to pay more attention to product quality,and then improvet the production technology. At the same time the development of defective product recall system so that our products have a stronger international competitiveness.For Recall system for defective products having important value in protecting social and public interests, the United States and other countries has established a relatively perfect system, defective product recall system in practice played an important role. Late in the development of defective product recall system. However, in the development and improvement of the system's determination and efforts through the years of legislation can be confirmed. In 2004, China formulated "defective auto recall regulations", Since then,China has formulated the recall system for defective products on food, medicines, cosmetics in turn. "The State Council on Strengthening Safety Supervision and Administration Food and Other Products Special Provisions" provides for the recall of defective products producers obligations, this provision defines the general defective product recall system in ChinaThis paper advocates the establishment of a unified theory of defective product recall system tone,and discusses the conditions of defective product recalls, recall procedures, authorities, and to recall the recall of four parts legal liability. These four questions in the recall system for defective products is tied, but intrinsically linked to each other then. First determine the conditions of defective product recall, then According to the specific circumstances of the defective product selects the recall process,government authorities in the recall of defective products play a regulatory role,. the producer failing to perform its obligations under the recall should bear the corresponding legal responsibility. This correlation to determine the sequence of these four issues discussed. These four questions were in accordance with the "meaning-Status-Problems-Experiences Abroad-legislative proposals," the logical order were discussed. While "Tort Liability Act," clear a defective product recall system, but issues related to the system did not make specific provisions. Therefore, this legislation in the status of these four questions based on the analysis, summarized recall system for defective products out of the general provisions, and the defects of the existing system were analyzed. Recall system for defective products abroad have been well-established. This paper analyzes the foreign defective products recall system, drawing on his experience in legislation. To our existing system as the basis for the establishment of the general recall system for defective products, the legislative proposals.