Research On Recall System Of Defective Products

In the 1960s, the rapid development of the economy brought much rich material resources, at the same time, it had also brought a number of unreasonable risk, while automotive increasing popularly, the number of deaths caused by traffic accidents and the number of casualties at an alarming rate growth to consumers and resulted in property damage and personal loss, users often attributed the loss to manufacture defects, and constantly in dispute with the manufacturer. At the same time, the traditional product responsibility method has compensatory after the event, the potential for systemic defects can not be good prevention and relief, which called for the emergence of the new system become the desire of the people. In such circumstances, the United States was the first one who produced defective product recall system, such a system with its own unique social interests of public safety and consumer protection functions of the developed countries in the West have widely expanded to Japan, South Korea, Canada, the United Kingdom and Australia and other countries, after years of development, has become gradually perfect. The successful implementation of the recall system, with the appeal of consumers, the United States has gradually lead the recall system to other areas, such as clothing, food, household appliances, equipment, sporting goods, environmentally friendly products, and other aspects, and adopted a series of bills, to establish a special independent body to specific management and assist producers to recall defective products.Our country has already opened for 30 years, the economy develops quickly, the market gradually from "buyer's market" to the "seller's market" change, operators increasingly focused on the consumer spending feelings, relatively speaking, Unlike the United States and other economically developed countries, there is no official recall system in China. In 2004, China has promulgated" Administrative Regulations on Recalls of Defective Automobile Products" and the automobile industry was the first in China that piloted a defective product recall system. It was then so hot an issue that it aroused intense public interest in the establishment of a comprehensive defective product recall system. However, we now only have the initial frame work of a defective product recall system. There is more for us to do if we want to establish a perfect one .At August in 2007, introduction of the new "Regulations on Management of Food Recall" and the "Regulations on Management of children's toys recall" have become another major move. So far, however, a comprehensive system has not set up. According to the regulations, a consumer or vehicle owner has the right to report or lodge a complaint about a car defect to the government authorities, manufacturer, seller, car rental company or importer. At present, the way of addressing the problem of defective products is to claim compensation through judicial processes. The victim of defective product may claim either to the seller or to the manufacturer for compensation with reasons like breach of the contractor in fringement of consumer rights. However, doing so not only costs high but requires a good national law-consciousness. Therefore, the construction of a general defective product recall system is of great significance.This paper first discusses the concept of the defective product recall system and the foreign defective product recall system for comparative studies and better analysis of China's current system of defective products, so as to pave the way to improve our country's defective products system. Based on this line of thought, this paper is divided into four parts:In the first part, first of all, carry on a comparison to the concept of product defects in the United States, Japan and other European countries, analyses the basic issues in the recall system. Through analyzing the meaning of recall, defect of product and defective products, the meaning of the recall system is defined. And the differences between the recall system and other relevant concepts are made clear. Then, the system of defective products history and development was introduced, first appeared in the United States, first applied in automobiles, then developed to food, toys, electrical appliances, sporting goods, and so on, and gradually expended to Japan, South Korea, Canada, the United Kingdom, and other countries .At last introduced the functional value of defective products recall system from consumers, business owners and international interests.In the second part, first introduced the system of common law, civil law countries defective products recall system on the existing provisions, the United States is the earliest defects recall system, the first used in the automotive, with the consumer calls gradually lead to recall other aspects of the system, developed to food, toys, electrical appliances, sporting goods, and so on, through a series of bills, and the establishment of a special independent body to specific management and assist producers to call for defective products back. According to the procedure is divided into two different situations recall procedures, which mainly involve the normal procedures to product information, recall information notice, product recall, product processing stages, and each stage functions organizations through information on the production report to implement effective monitoring to ensure that the government functions of the play. Simple procedures for the voluntary recall and have the capability to rapidly design their products to the enterprise. To encourage enterprises to take the initiative to recall, shorten procedure time, in order to eliminate the hazard in a relatively short period of time, while reducing the costs of law enforcement and corporate costs for the enterprise and a win-win situation for the government, and secondly, the foreign defective products recall system from entities law, procedural law angle analysis, pointing out its merits. The substantive law is the main recall obligations from the main defects identified standards, the principles of attribution summarize, the main procedures recalled from the main law enforcement, management, recall procedures for analysis.In the third part, it is necessary to perfect the system of foreign learning the importance of our country's recall system have full knowledge of the status ,thus the first part of the recall our existing system of laws and regulations to classify, "People's Republic of China contract "" General Principles of Civil Law, "as the product recall system and the basis for the foundation," Product Quality Law "and" Law on the Protection of the interests of consumers "provides the basis of legislation to the product recall system, and" defective vehicle recall regulations , "" Regulations on Management of Food Recall, "" children's toys recall regulations "are specific products recall system. Second, further analysis of the shortcomings of the current product recall system problems: First, the legislative is lower level, lack of a comprehensive legal basis; second, lacking of clear division of work and professional authorities to recall, lacking of necessary supervision and guidance ; third, lacking of specialized agencies of justice, thus making it difficult to achieve the fairness. It is difficult to make authoritative conclusions; fourth, a low level of compensation , to act as a deterrent, is difficult to play as a role of education and prevention .In the forth part, the analysis and comparison of the foreign recall system, as well as China's current understanding of the status of recall system, is to improve our recall system. In this part of the China Construction Defects product recall system put forward a series of concrete measures and proposals, including legislative mode, legislative principles, general legislation, and the supporting system. The comparative study of the use methods that China's legislative system recall defective products to the general pattern of increases in particular; legislative principles is the main principle of public safety, honesty and credit principle, the principle of mandatory recall in specific legislation, on the one hand, China's existing defective products recall the relevant legislative coordination, on the other hand, the formulation of a defective product recall on the general legislation, including the definition of product defects, recall procedures, and other aspects of aging recall, at the same time a sound legal system must be matched by better matching system supported by the role of defective products ,so information collection system, a fair test, defective products recall insurance system are essential.Defective product recall system has very important practical significance, with the adoption of comparative analysis and empirical analysis .this dissertation analyzes the present situation of the law making in our country, and by the comparison of the recall system of the defective Products in foreign countries this dissertation analyzes the differences and similarities not only proposes the estab1ishment of the recall system of the defective products in our country, but also elaborates the direction and approaches to the perfection and development to the recall system in our country. With the expectation of buildup a comp1ete law system to provide the consumers and public security with a more comprehensive and more systematic legal protection.