Legal Research On Product Recall System

As an effective way and relief mean for guaranteeing against the interests of consumers and public safety hazards, the recall system of defective products has been comparatively mature and improved in many countries and regions in the world, particularly in the United States, Australia, Canada, the European Union, Japan and so on. With the rapid developing globalization of the world economy, the recall system of defective products has become a common international business practice. However, because of history and level of economic development reasons, the system has not yet been established in China. "The Recall Management Regulation on the Defective Automobile Products" which was issued in 2004 was our first attempt to establish the recall system, although the object of this only be limited in the vehicle and the specific issues in this provision still have much to be desired, it helps to accumulate valuable experience and take a substantial step for establishing the recall system of defective products.On the basis of legal status of the recall system of defective products and combine with Chinese reality and the experiences of developed countries, this paper discusses the main issues of the construction of the recall system of defective products such as the obligation subject and object of the recall system, recall means, punitive measures and so on from the basic concept in order to make it to form a system which possesses the main features like validity, timeliness and maneuverability for filling blank in the delay of quality of products. This article focuses on the legal status and concrete establishing of the recall system of defective products. The paper is divided into five parts to discuss relative issues of the recall system of defective products.In the foreword, outline domestic and international status of the recall system of defective products.The first part describes the conception and legal status of recall system of defective products. Firstly, through comparing with other related concepts to clear what the product recall and the product recall system are. Secondly point out the nature of economic law of recall system of defective products and legal status in current legal system in China, and clarified relationship with the existing "Product Quality Law" and "Consumer Protection Law".The second part introduces the theory on the recall system for defective products. Provide theory of economics, legal philosophy and corporate social responsibility to support establishment of recall system, of defective products.The third part analyzes the obligation subject and objects of the recall system of defective products. Through theoretical studies and empirical comparison to analyze the composition of obligation subject, product, and identified standards of product defects and other issues, put forward legislative proposals according to the real plight of our country.The fourth part discussed the recall way of defective products. By introducing the recall way of China and other countries to establish the recall method for suiting Chinese national conditions.The fifth part discusses whether we should import punitive measures in the recall system of defective products or not. On the basis of introducing the practice of other developed countries, sum up experiences and put forward that punitive measures should be imported and what issues should also be paid attention to in the process of importing.In short, this paper hopes to provide suggestions on establishment and improvement of Chinese Product Recall System and recommendations for future legislative reference on the legislative system through discussing some relative issues of product recall system.