Study On Defect Product Recall System

With the rapid development of technology, the update cycle of product is shortened. In order to win the market rapidly, enterprises accelerate the speed of research and production of new product. All this adds to the probability of defect product .Some famous trade marks such as Toshiba, Sony and Nestle also involved in this problem. At present, the legislation of product recall system is not perfect in our country. It's very difficult for the consumers to uphold their rights, and so the government. While the consumers were injured by the defect product, they only can bring damages suit. The consumers are weak comparing with big manufacturer and distributer. They are often involved in terrible action as the duration is too long and the procedure is too complicated. Some consumers have to abandon the suit or settle the disputes by compromise in private. So a great majority of the dangers of defect product are not eliminated. Frequently the lawless manufacturers disregard law and discipline. Thus it can be seen that we must set up and perfect the product recall system to solve the above problem. This article begins with the conception and characteristic of product recall system. Then it studies the comparative law of this system. And at last the purpose of this article is to discuss how to set up a law system of defect product recall system.This article includes four parts:The first part consults foreign and domestic legislation of product recall system. First it introduce the definition,history and classification. Then it discusses the characteristic of the system. At last it compares the system with other similar system. The first part foreshadows the further study.The second part studies the comparative law of foreign and domestic product recall system. This article analyzes the developed countries' recall system, such as the U.S.A Japan and European countries, combining the actual condition of our country. Then it carries on comparative study from legislative system, liability characteristic, recall object, recall subject and management mode, in order to offer reference for constructing our product recall system.The third part discusses the necessity and basis of the legislation of product recall system of our country. Through the comparative study of recall system of many countries, combining the analysis of legislation of our country, we can see that it's necessary for our country to perfect the legislation of product recall system.The fourth part discusses how to construct the recall system of our country, based on the previous three parts. This part includes several respects: improve the existing relevant law, make the special laws of defect product system, the legislation of special product, set up the deterring mechanism and improve the necessary system.The author deeply feels the insufficiency of the law of product quality in the process of paper creation. Sincerely hope that our country would be able to establish the defect product recall system, and can better protect consumer personal security and property safety and public safety.