Research On The Construction Of Defective Products Recall System In China

Defective products recall system was originated in the United States in the 1960s. With the rapid development of global economic integration, defective products recall system was accepted thought countries, especially in Canada, Australia, Germany, Britain and Japan. In our country the "Defective product recall management regulations of the car" provided a good opportunity to the construction of defective products recall legal system in 2004. Soon, the related special defective products recall management regulations were also released. But judging from our existing laws, the general laws for relief and standardization of consumers are "the product quality law", "consumer's interest protection law" and "the tort law". Although these laws have made regulations about the producers'obligations, customers' rights and product responsibility, the defective product recall system haven't been provided. The recent academic circles, who are studying the defective products recall system, focus on how to improve our defective products recall system and solve its dilemma, but how to build is still in shallow. As we know, constructing a defective products recall system is necessary, which is following the development of the commodity market. Therefore, it is necessary and feasible for the article taking our defective products recall system for subject to discuss some related issues. This paper firstly makes general analysis about the defective products recall system, and pertinently sorts and summarizes foreign successful experience to study the following provided some theory reference. Then, according to our specific conditions, the paper analyses some questions about the construction of our country's defective products recall system, such as its necessity and practicability, values and principles, framework. This paper respectively relates these issues to foreign defective products recall system, analyses the reasons of foreign theoretical foundation and practical experience being forsaken, and analyses how to build our country's defective products recall system. This paper, which is based on economic law area and fully respecting and adopting researches of other scholars and combining with the continual product safety and supervision of the relevant notice, mainly studies the framework of the construction of our country's defective products recall system, and provides relevant correct views and measures for the inadequacy of current defective products recall system in China. I hope my research will help to protect consumers' personal property security, and to maintain the public safety, the public interest and the socialist economic order, and to provide useful reference for China to establish a sound system of defective product recalled.