Commenting Defective Product Recall Law System In China

Defective products recall system has been widely established in the world today, especially in developed countries. Practice proves that it plays an irreplaceable role in raising both producers and sellers' consciousness of quality an honesty, encouraging companies to increase their investment in technology, security and environment, as well as in regulating the order of market-oriented economy. China has been in WTO for 5 years and the absence of such a sys tem has become the legislative obstacle in protection of consumers' rights and enhancement of companies' competitiveness. To this end, it has become China's urgency to establish and improve the defective products recall system, in reference to experience of developed countries and national conditions of China.This paper, with probe into such a sys tem currently implemented by some products and places, demonstration of necessity of the system, gives tentative ideas of establishing and improving the defective products recall system, and raises some advice and suggestions, referring to legislation and practice home and abroad.The main body of this paper is divided into 4 chapters, including broad outline of defective products recall system, contrast of the legal system between China an other countries, analysis of its current condition in China and advice to establish and prefect it.The first chapter introduces definitions of product, defect and r3call of defective product, explains the legal basis of defective product recall system, and reviews the developing process of the system at home and abroad respectively.The second chapter analyses the contrast of the system between China and foreign countries, with emphasis on contrast of scope, objects, classifications and legal responsibilities. It describes concrete conditions in countries that apply this system successfully and typically in particular, such as America and Japan.The third chapter focuses on current condition of the system in China, and analyses the existing problems later: the original responsible legislation emphasizes remedies afterwards; the present recall system lacks basic legal support, and general products recall cannot be implemented; the current system is too fragmented to create regulatory efforts; lack of civil liability provisions and the implementation of mandatory recall slack.The fourth chapter presents legislative ideas of establishing the system( including legal orientation, content design, the main legal identification, additional civil liability, etc.) and related problems whose solution helps to improve the existing system (including the amendment of existing laws, expansion of recalled types, reposition of classification of defects, improvement of monitoring and information feedback mechanisms, etc) on the basis of necessity of establishing such a system.