Research On The Law Issue Of Cross-Border Recall Of Defective Products

In view of the characteristics of recall, on the comparison of the recall data from EU & American ,this paper approached from the angels of consumer safety protection, and trade barriers, analysing the legal system for recall in EU & America .And then putting forward a few legislative proposes of how to improve the Chinese recall system.This paper consists of five chapters.The first chapter is a overview of the Legal System of recall. This chapter is about the elementary knowledge related to product recall.The second chapter is about statistical analysis of recall data of EU & America & China.The third chapter is about the relationship of the legal system of recall and consumer safety protection. The first part of this chapter is an argumentation about that the need of consumer safety protection calling for setting up recall system. The second part is about that the improvement of the recall system can raise the level of consumer protection. The third part is about the two lines of defencing cross-border defective products..The fourth chapter is about the relationship of the legal system of recall and non-tariff barrier. The first part is an introduction of non-tariff barrier. The second part elaborates that the recall system might be an offer of assistance for imposing non-tariff barriers. The last part of this chapter is a proposal on how to deal with this kind of trade barriers.The fifth chapter is about the improvement of the legal system of recall in China. The first part is a overview of a perfect legal system of recall. The second part is about how to improve the rules on defective product. The third part is about the improvement of the rules on relevant responsibility person. The fourth part of this chapter is about the conflict of escape clause in"Product Quality Law of PRC"and the rules of recall. The fifth part is about hearing system, making it standardize and legal in recall system.Finally, the author summarizes the research of the paper so as to make her own point of view clear. For the purpose of consumer protection,we should set up recall system. And the system may be give assistance to trade barriers. Our Chinese should enhance awareness of this,and improve our own recall system.