A Study On The Establishment Of The Defective Product Recall System In China

Defective product recall system is an efficient measure and remedy for the safeguard and the control of product quality. Administrative Regulations on Recalls of Defective Automobile Products, issued and taken effect in 2004, is the trial establishment of the system in China. The paper starts from the perspectives of law and economics and analyzes current quality problems of products, which demonstrates the necessity of introducing an efficient system to eliminate the threat of product quality problems. Through the introduction of foreign advanced legislation experience and the consideration of practical situation in China, the reality and the necessity to establish a defective product recall system are also defined from the perspectives of consumers, manufacturers and operators, harmonious development relations between the public interests and social productivity and consumption. The focus of the paper lies on the practical construction of the defective product recall system in China. An efficient, timely, economic and operable system can be formed to fill the blank in current legal system of product quality problems. The paper amounts to 34,000 words and includes four parts. In the first part, a series of statistic numbers objectively reflect current serious situation of product quality problems in China and major prominent aspects of the problems. The second part introduces the defective product recall system aiming to resolve the problems effectively and eliminate the threat timely that quality problems pose on consumers'legal rights and public safety. The connotation and denotation of the system is further explained from its concept, features, effects and classifications. The third part introduces the origin and development of the system and its characteristics in a couple of representative countries in both common law and civil law system. The fourth part is the emphasis of the whole paper. Based on above-mentioned three parts, respectively bringing forward problem, analyzing problem, and introducing foreign advanced experiences, this part focuses on the required transformation and improvement during the process of integrating the defective product recall system into the product quality legislation system, application and related standards, department coordination in China. It also brings forward some feasible advices to guarantee the logic rigor and wide applicability.