Legal Research On The Defect Products Recall System

Defect product recall system originated in US in the sixties of 20^th century, and accepted by many developed countries, such as England, Japan and Germany and so on. In China, the system is in its starting period, having no defect product recall system in real sense, with only separated regulations of product quality and serve after selling in General Rules of Civil Law, Product Quality Law, Act of protection of consumers' interest and Contract Law etc. defect vehicle product recall management regulations promulgated in October 2004 set a new beginning of defect product recall system in our country, but its legal level quite is low, insufficient authority and soft punishment, unable to play the true deterrent and the disciplinary punishment role. Moreover, our country's product quality condition is not optimistic, in particular, the defect products often bring damage to consumers or users and third persons, such as Jia Guoyu "the card type stove explosion" occurred in 1997, the noisy "Su dan red event" and so on, which show that defect product threaten people's life and health and the property security. Moreover the foreign country in recalls in the question to implement "the Chinese and foreign has leaves" the policy, many factories excuses China not is connected the stipulation to refuse to recall the Chinese market the defect product, the infrigement general consumers' benefit, Especially after China joined WTO, facing the formidable international enterprises, the deficient flaw recalls the legal regime protection Chinese enterprise, Chinese enterprises, without protection of defect product recall system, are very difficult to win advantage in the intense international competition.Therefore, the problem in our country is not whether to establish defect product recall system, but how to establish and bring into effect. To establish the defect product recall system in our country has certain rationale and preliminary legal environment, many developed countries have established defect product recall system in accordance to the situation of its national situation, providing the good model for our country. Meanwhile our country has certain legal authority to establish defect product recall system, General Rules of Civil Law, Act of Protection of Consumers' Interest, Product Quality Law and other laws have regulations of defect products, all these regulations are favorable to constitute Defect Product Recall Law. In October 2004,our country promulgated defect Vehicle Product Recall Management Regulation, Establishment and Management of Defect Vehicle Recall Expert Base, Defect Vehicle Product...