International Comparative Research On Recall System Of Defective Products

Recall system of defective products, which is an important component of Law System of defective products, in the present age originated from the U.S. It is not only powerful for protecting consumer's rights and interests but also helpful for avoiding large-scale harm causing by like products. Defective Automobile Products Recall Regulations, released in 2004, starts to consummate our country's recall system of defective products. Thereafter, our country has already made recall regulations over other products, and enlarges the application scope of recall regulations gradually. Right now, Defective Products Recall Regulations is being scrutinized. To draw lessons from better defect product recall system implemented in developed countries and to analyze the shortcomings in our country's current product recall system is important and meaningful for the construction of our country's product recall system and economic development and public security and other fields.Excluding the introduction, the article is to discuss the related issues in four chapters.Introduction is mainly to explain the value and meanings and current situation of legislation of our country's recall system of defective products. Studying the recall system of defective products both domestic and overseas is a requirement for perfect our country's related Law System and also a requirement for resolving current problems.Partâ… of chapter one depicts the basic concepts and characteristics and legal attribute of defect product recall system. Partâ…¡introduces the differentiation and analysis over the product recall system and relevant regulations, Product Liability and"Three-guarantee"system and Compulsory Recycling system are included. Partâ…¢introduces the background of the rise , value analysis , the originate and the development of the product recall system.Chapter two is the summary over aboard product recall system. It mainly discuss differences of legislative and practical experiences of defect product recall system among Anglo-American law system countries, represented by U.S. and U.K. and Australia, and civil law system countries, represented by France and Japan. It also analyzes their similarities.Based on the analysis in Chapter two, Chapter three compares our country's defect product recall system with the developed countries', and mainly discusses the differences between the Chinese system and U.S. system. The comparison is mainly in the following six aspects: adjustment scope and subject, doctrine of liability fixation, Authentication method,concrete procedures, and legal responsibilities.Chapter four analyzes the current situation of legislation of defect product recall system and indicates the shortcomings of the system. After that, it gives proposal to perfect our country's detect products recall system. The proposal is consisted of three coming parts: 1, how to unify standards over the detect products; 2, how to prefect the recall system lawmaking; 3, how to improve the relative system. The third parts include the following four aspects: 1, To define the supervision department of the recall system and its responsibility; 2, To unify the standard determination method and set up the impartial and authoritative testing institutions; 3, To improve the information gathering system over the detect products; 4, Develop some relative insurance to cover the product recall problems.With the introduction over the basic theories of detect products recall system and the comparison of products recall system in developed countries and our country, the article gives the proposal to improve our country's current defect products recall system for the purpose of being helpful to our country's construction of detect products recall system and being helpful to protect the consumers rights and interests and safeguard the public security.