Study On Attribute Of Economic Law Liability Of Defect Product Recall

"Toyota recalls", once again to make defect product recall become the hot topic of the public in 2010.Face the same defect automobile products, Toyota to provide home maintenance,transportation costs of compensation,loss of working costs and other measures for U.S. consumers. In addition ,Toyota silently accep the American government a big ticket, but face Chinese consumers they take an intransigent attitude, make Chinese consumer received unfair treatment. The fundamental reason for this is that the overall product recall legislation system is yet to be established in China. So far, the academia have dispute over the legal nature of defect product racall. Therefore, this article tries to make a precise delimitation of defect product recall. The article researches on defect product recall congenial to philosophy and system of economic law, providing legislation ideas for the perfect defect product recall system, based on the historical analysis, comparative analysis and positive analysis. This article consists of five parts.The first part is the interpretation of the system of defect product recall. This section presents the definition of the system of defect product recall, the scope of recalling and the theoretical basis of it. On the basis of the scientific definition of defect product recall, we conclude that it is a separate legal responsibility.The second part is the foreign experience and implications of the system of defect product recall. This part summarizes the inspiration that the foreign practice provides for us by presenting the legislation of the system of defect product recall in common law and civil law, which provides lessons for establishing the system of defect product recall.The third part is the difficulties of attributing defect product recall to the traditional private law and public law responsibilities. This part describes the dilemma of defining defect product recall as the civil liability and the hinder of defining it as the administrative liability, which lays a foundation for conferring it as the responsibility of the economic law.The fourth part analyses the conjunction between defect product recall and the idea and system of the economic law. This part is the core of the article, it expounds the rationality of conferring defect product recall as the responsibility of the economic law by the aspects of idea and system, and points out that it is a way of government's regulation and accommodation on the economic activities, which reflects the idea of economic security and the philosophy social justice of the economic law. It is beneficial to the development of conducive to sustainable of socio-economic, with the essence of market regulation law.The fifth part is to present the legal concept of defect product recall. Defect product recall as the responsibility of the economic law, it should be prescribed in the economic law. The author analyses the current legislation, and puts forward that we should perfect product quality law and consumer protection law, what is more, we should establish defective product recall law, so as to provide the whole system of defect product recall.