Legal Research On Chinese Product Recall System

The recall system was established in automotive industry in the United States. With the recall system in the automotive industry having made significant effect, the United States food, medicine and other industries which involve public safety has also built the recall system. Under the influence of the recall system established in the United States, most of the world's developed countries have followed the example. However, China has not established a unified legislation of recall system till today. With the growing development of international economic globalization, such legislation difference swill damage the legitimate rights and interests of consumers, and without the benefit of timely recall defective products, it will undoubtedly drive China in the international competition at a disadvantage. Therefore, our country should establish a unified recall system as soon as possible.This paper mainly researches on China's recall system through studying legislative recall system of the foreign countries, which have the legislative experiences of the system. And this paper will put forward the conception of Construction of product reeall system at this stage in china from the legal perspective on the correlation analysis and theoretical issues, hoping this problem can contribute to the recall legislation.The first part discusses the product recall system in the basic concepts involved. By exploring the origin of the recall, recall the definition of the classification of product recalls, product recall feature, and its related systems and the comparison and discrimination, which involved a product recall system has initial understanding of the basic concepts and have a general description of the system.The second part of the method of comparative analysis of the recall system developed to inspect the mature study, respectively, from the perspective of substantive law and procedural law point of view of the recall system in developed countries the main issues were discussed.The third part is to analyze the current situation in China and problems of product recall system. First expounded our country on the product recall and recall case law, and then analyzes the existing problems.Chapter IV, on the recall of defective products, construction and improvement of the system make specific comments and suggestions on the construction of the Legislation of product recall made a number of specific measures, on the recall of objects, the main responsibility, responsibility principle and the competent institutions were analyzed. Concluded that quality assurance is the fundamental way to solve the product recall.In this paper, case analysis, comparative analysis, the combination of physical and procedural methods, provides support for the theoretical analysis.This has important practical significance, not only the defective products should be established in our recall system, and defective products from China's Legal System of the point of view, put forward with the recall system for defective products to prevent and reduce the damage and the occurrence of the unique features the nature of economic law, it and the product liability system, relief, remedy, punishment, and combines the functions of education, formed by the recall system for defective products and product liability system consisting of a complete legal system for consumers personal, property security and social interests of the public safety to provide comprehensive, multi-level system of legal protection.