Study On Defective Product Recall System

With the development of science and technology, new products are emerging and the update cycle of products is shortened. To win in market competition, the enterprises are trying their best to do more research, develop new products, and shorten the time that new products appear in the market. This competitive strategy plays an important role in market competition, but unavoidably, the possibility of technological risk and defective products increases in the condition that new products have not been fully tested. To the end, the consumers can hardly get rational compensation because the information they obtain is not as valuable as it should be when the enterprises are pursuing the greatest interests. In such circumstances, only the government's involvement will safeguard the public's health and property to maximum extent. The Defective Product Recall System is designed to dispel this kind of risk timely and effectively with the government's involvement.The earliest Defective Product Recall System was established in the United States in the 1960s. Now, the Defective Product Recall System has also been implemented in other developed countries such as the United Kingdom, France, Japan, South Korea, Canada and Australia. However, there is still no official recall system in China to date. Although some related regulations including "Administrative Regulations on Recalls of Defective Automobile Products", "Administrative Regulations on Recalls of Defective Food" and "Administrative Regulations on Recalls of Defective Children's toys" have been promulgated in recent years, a comprehensive defective product recall system still does not exist in our country. There are still no specified regulations in law. The recall system will play an important role in protecting the consumers' legitimate rights and interests, standardizing the socialist market economic order and enhancing the enterprises' competitiveness in the international market. Therefore, the construction of a general Defective Product Recall System is of great significance.Based on the regards of the experiences in developed countries, the author analyzes the current legislative status and problems in the Defective Product Recall System in our country and proposes some suggestion to make the recall system perfect in this dissertation. In addition to the preface and the epilogue parts, this dissertation is divided into four chapters.Chapter 1 is about the basic principles of the Defective Product Recall System. First of all, the author introduces the definition, the characteristics, the classification of the Defective Product Recall System and its distinctions with related concepts. Then, the author analyzes the relationship between the Defective Product Recall System and the product liability system. Finally, the author describes the functions of the Defective Product Recall System. These establish the theoretical foundation for further expound of the dissertation.Chapter 2 is about the investigation of the Defective Product Recall System in modern developed countries. To provide beneficial reference to the establishment and refinement of the Defective Product Recall System in our country, the author introduces the main contents of the Defective Product Recall System in developed countries, including the historical evolution, the recalled product scope, the product defect recognizing standard, the recall responsibility main body, the defect product recall procedure and the defect product recall legal duty.Chapter 3 is about the investigation of the current legislative status and problems in the Defective Product Recall System in our country. Based on the exceptional circumstances of China, the author describes the current legislative status in our country and states that there are four important problems in the Defective Product Recall System in our country currently.In Chapter 4, the author proposes some suggestion on ameliorating the Defective Product Recall System in our country. In the conclusion part, the author expounds the selection of the legislation mode for the Defective Product Recall System, the amelioration of current law in our country, and some suggestion to revise the Defective Product Management Ordinance (draft). Finally, the author proposes some suggestion to ameliorate the Defective Product Recall System in our country.