A Comparative Study Of The Law Between America And China On Product Recall

Along with the development of commodity economy, progress of the scientific and technological, and attach importance to protect the interests of consumers, the product recall system was developed. It is the progress of modern market legal important symbol. Product recall system is based on people's life and property more respect for human rights, more attention on the concept, its expression of consumers' right protection legislation tilt, is respect human rights, protect human rights in the economic relations in the specific performance.The United States is the world's first established product recall system of the state, the establishment of the system of began to defect automotive products recalled. At present, the United States is the world product recall system the most rapidly growing, is the most complete, the most representative countries, the legislative and judicial practice of some developed western countries product recall system legislation has greater effects.After China entries into WTO, international trade is increasing, foreign goods massively entered the China market, the imported goods and its quantity is increased substantially and consumer groups continues to expand. The import of goods complaints and dispute also gradually more up, in the newspaper we can see the cases about consumer prosecution manufacturers and distributors. While China's consumers in the face of foreign product defects, people can not treated fairly compared with the European and American countries consumers. The reason is our country lacks perfect product recall system. So far, our country to product recall system's understanding and legislation are still in the initial stage. After decades of exploration and practice, the United States in product recall aspects of legal system and management system has been quite perfect and complete, so it is necessary to compare the China and the United States' product recall system, learn the advanced experience in legislation, further constructing and perfecting our country product recall system.This article in addition to the introduction and closing were divided into three parts. Product recall system for the related concepts, theoretical basis and the difference with other system basic issues were discussed and studied, And compares several legal issues of product recall system between China and the United States. At the same time, the products recall system of our country's present situation and defect is been analyzed, adopt the American advanced legislative experience of product recall, puts forward the measures for perfecting the legal system.The first part, summarize the product recall system. Firstly, define the meaning of the product defects and the product recall, from the philosophy of law and economics, in-depth analysis of the theoretical basis of product recall system. Finally, compared product recall system with commodities the compulsory recycling system and "three guarantees", it makes us to know more specific about product recall system.The second part, the Sino-American products recall system's comparison. It introduced legislation status and value concept about Sino-American product recall system, compare the difference on the legislation, and write the deep legislation idea. Meanwhile, it compared the Sino-American products recall system about the subject, recalled object, recalled mode, legal responsibility.The third part, the perfection of our country product recalls system. First of all, on the basis of our current laws and regulations, it analyzes the problems of our country product recall existing in the legal system, and then it makes a detailed analysis on the necessity to product recall system. The second, the advanced legislative experience is been learned, it makes elaborate from perfect our country's existing laws and regulations, formulate special product recall method and perfect product recall system mechanism, tries to make a product recall perfect our country's legal system...