Researches On Chinese Defective Product Recall System

Because our country has already set up defective product recalls system preliminarily and expanded its applicability to more products step by step, so drawing the advanced product recalling experiences from advanced countries and analyzing our country's theoretical and practical problems are very important to Chinese economic growth, society safety and government reforming. The text is divided into four chapters and describes this question altogether.The part of foreword has explained that the developing status of the Chinese defective product recalls system legislation, the great importance of product recalls system as well as the research range and research method used in this text.Chapter one has introduced some fundamental theoretical concepts about defective product recall system. The article has expounded the legal meaning of recalls,product and defects, and has explained the difference and relation between other close concepts.Chapter two has analyses legislative and practice state of the recall system in foreign countries. During the setting forth and analyzing, the text has inspected and drawn lessons from the foreign advanced countries on relevant problems. The article has carried out analysis from recalling entity system and procedure: the sureness, the recalling range, recalling conditions, law basis and legal liability and concrete recalling measure and recalling produces, etc.Chapter three has carried out the necessary theoretical analyses, including the law character of defective product recalling responsibility, the relation with our country's product responsibility system, and the necessary of the introduce of punitive damages to recalling systemChapter four has brought forward some suggestions to our country recalling system, in order to improve the present system and integrate recalling responsibility system with our legal system.The conclusion of the text has remarked that improvement of the recalling system will be depended on a deeply social reform and a improvement of the people's legal conception .There is a long way to go.