Research On Law System Of Defective Product Forced Recall

After Regulations for the Defective Automotive Products Recall Management is issued, research on product recall system has gradually become a hot legal topic. Many scholars concentrate on studying the comparison into domestic and overseas product recall systems, the reference of advanced recall systems in foreign countries, the analysis of legal principles on recall institution, the practice and application of product recall, the construction of product recall system suitable for China, and so on.However, the reality of our country is that recall system is too high to be popular. The unsoundness of present recall law system, low legal hierarchy of matching institution, limited product recall scope, long period in recall procedure of problem solving, unfulfilment of responsibility of punitive damages, these serial reasons cause that numerous defective products can't be recalled in time. These products damage consumers personal safety and property safety, pose a threat to social benefit and public safety.How to construct a defective product recall system that is suitable for China and can play an important role in the new situation of reform and opening, propose practical and effective measures to protect consumers rights, improve product quality and producers'consciousness of environmental protection, ensure the effective use of resource, these are problems to be solved after China joined the WTO. Meanwhile, it's also a need to further perfect our country's economic market, standard market competitive order, build socialist harmonious society. From these aspects, research on product recall system has vital significance and is an important economic law title.As we take a wide view to recall systems of various countries in the world, those are classified in voluntary recall and forced recall. What kind of recall system has lower operating cost, higher efficiency in the practical procedure, maintaining consumers'rights more effective? Different country has different choice. In china with market economic system mature, whatever recalls system we choose, we hope the ultimate goal is to guarantee the safety and rights of consumers, maintain social benefit, public safety and prosperity of economic market.This text thinks, research on recall system should start with the relationship of material life,seek theory of this system based on native laws, reveal its omissions by expounding and evaluating the recall managements. It is necessary and feasible to establish the forced recall system in china in the existing economic conditions. Forced recall is more suitable for china than voluntary recall. We should further strength government's supervision in the recall process based on perfecting voluntary recall. Different from the past articles of recall system, this text attempt to use a new perspective of economic law is floorboard of the legal which exclusively adjusts interests of increment relation, define forced recall system's attribution of economic law in the aspect of maintaining individual and whole interests of increment, analyze government's work of economic market management in the process of forced recall ,expound that government can enjoy the powers and functions of national economy's labor ability to prove the justification of forced recall. On the basis of these, this text discusses relevant problems about concrete system design, give own opinion. These problems include: product scope of forced recall, obligation subject of forced recall, Principles of Liability, application of responsibility of punitive damages to forced recall, procedure of forced recall, prescription and related mechanism of forced recall. In this paper, we try to show forced recall system is not a useless theory, but a law system which can guarantee product quality and consumers'rights, standard competitive order of market, promote the Construction of Harmonious Society.