Thought Of Improvement On Chinese Defective Product Recall System

Under the circumstance of China joined the WTO and the rapid development of social economy. It is of great practical significance to establish the system of recall of the defective products. In recent years, tangles caused by consumers'damages of bodies or properties because of the defective products are increasing continuously, and they have already sparked extensive concern of the concerned national departments and social publics. According to our country's law current (except automobile products), consumers only have the ability to institute damage suits because of default or infringement after injure occurrence. It is extremely prejudicial to protect customers'benefits, because producers are placed in the absolute advantage state in the trades.The earliest defective product recall system was established in the United States in the 1960s. Now, defective product recall system has also been implemented in other developed countries. However, there is still no official recall system in China to date. Although some related regulations including"Administrative Regulations on Recalls of Defective Automobile Products","Administrative Regulations on Recalls of Defective Food",and"Administrative Regulations on Recalls of Defective Children's toys"have been promulgated in recent years, a comprehensive defective product recall system still does not exist in our country. There are still no specified regulations in law. The recall system will play an important role in protecting the consumers'legitimate rights and interests, standardizing the socialist market economic order and enhancing the enterprises'competitiveness in the international market. Therefore, the construction of a general defective product recall system is of great significance.The dissertation is divided into four parts: Chapter one gives the basic theoretical concepts of the system of recall of the defective product. Chapter two comparative analyses the legislative state of the recall system on defective products in foreign countries. Chapter three is about the investigation of the current legislative status and problems in the defective product recall system in our country. Chapter four puts forward the detailed opinion and advice on the establishment and improvement of the system of recall of the defective products, proposed the concrete suggestions to improve the system of recall of the defective products.