On Defective Product Recall System

With the rapid development of China's economy, science and technology level, quality of life significantly improved, there is an increasing number of people dizzying because of all kinds of products. When people enjoy the benefit of a wide range of products , more and more attention are paid on the product safety issues . Defective products have seriously damaged the interests of the public, interfered with market order and the safety of the normal order of society. The United States is the first country where the defectives product recall system built. With decades of development of the United States, the defective products recall system from the car gradually extended to a number of consumers involved in several commodities safety and health, including toys, food, pharmaceuticals and cosmetics. In addition to the United States, the recall system for defective products has built which are Japan, South Korea, the United Kingdom, France, Canada, and Australia. After years of development, the system has been maturing.Although our country has not take shape completely product recall system, so far. However, some products in China has some of the areas corresponding measures introduced in order to legally protect the interests of consumers. For example, in 2004 China promulgated the "defective vehicle product recall management regulations", and then, China promulgated the "Administrative Regulations on Food Recall", "management of children's toys recalled"These are China's product recall system in improving the legislative initiatives in the implementation of a major. However, the society is rich and varied, only a number of measures for consumer protection is not sufficient to satisfy the needs of reality. Therefore, the need for the legislative level to improve the product recall system requirements. In this paper, learn from foreign advanced system, combined with their national conditions, defective products on the recall of our system and improve the recall of defective products to the construction of the system research. This article demonstrates three aspects of the product recall system in China.The first part, first of all, the United States and China, through the comparison of the concept of product recall, so that we understand the essence of the meaning of product recalls, product recall system for defective products to eliminate the potential threat, to safeguard the public interest community has an important role. At the same time, from the main context, operational, start-up mode, and other aspects of the social purpose of a brief account of the characteristics of a product recall. Secondly, through Japan, the United States and other countries to compare the meaning of defective products, defective products in China pointed out that the concept of lack of national standards should not be superior to industry standards or unreasonable standards, this is because of our lack of legislative caused. Third, analysis of product recalls and defects similar to the difference between the system and found that they are closely linked, so that defective products we have better understanding. Finally, the system of defective products on the generation and development of the brief introduction, the product recall system originated in the United States, initially for the vehicle. And gradually learn from other countries.The second part, first introduced to recall defective products in our country's current development status of the system are described, including the "recall of defective motor vehicles regulations," the purpose of the development, the subject of product recalls, recall procedures and recall procedures for the rights and obligations of the parties involved in a brief note. Development in the introduction of the status quo, we can find in our country through the current product recall system there are still significant shortcomings in the following three aspects, firstly, in the prevention of systemic defects in goods aspects of the potential threat, not convergence of the existing laws and regulations. Second, the sellers to determine the status of responsibilities and unclear. Compared with foreign countries, as a result of the sale of my responsibility to bear the liability is based on the principle of the principle of negligence, in responsible may be related to the status of producers at different, which is extremely detrimental to consumers. China's product recall of the main obligations for manufacturers, at the same time, we also recall consumers can not be ignored in the dominant position of the system, recall the work is a complex task, it can not actively cooperate with consumers, when producers to recall products, consumers should be reported promptly, so that consumers with the obligation to recall the importance of the system. Third, a brief introduction to recall defective products liability system deficiencies. Secondly, the competent authorities in the division of labor is not enough detail.Compared with foreign countries, such as the United States in charge of product recalls are an independent body of specialized agencies in accordance with the products involved have been specialized division of labor. In China, "the management of defects in motor vehicle product recall that" the provisions of the State Administration of Quality Supervision, Inspection and Quarantine is responsible for the national recall of defective motor vehicles and management of the organization. Product Recall is a highly professional work, the United States in this respect in the world advanced level in the design of this model of referential significance to our country.Moreover, China's recall procedures in the protection of the rights of consumers are also flawed. China's recall procedures are divided into active recall procedures and instructions to recall the procedure, but in the recall process we must pay attention to the functions of departments to be clearly defined to avoid the phenomenon of multi-management and prevarication, to establish procedures for consumers to recall the primary status. Finally, defects in the information collection system is also deficient.The third part, mainly on improving the shortcomings of our system for product recalls on several aspects of the concept. Including the legislative system, the competent authorities of product recalls, recall system limitation, the procedures for product recall system, product recall information to improve the system.The author believes that the central place given full administrative privileges, so that work can greatly enhance the administrative efficiency of the recall, so that the situation of the supervision work of the combination of the formation of mutual support. And further believes that the recall system should also be spent to establish the system, so that the legitimate rights and interests of consumers are adequately protected. In perfecting the process of this system, the establishment of the authority of the risk of product testing is inevitable, and at the same time we need to speed up the technical inspection technology, the introduction of multi-directional foreign advanced technology, and gradually with foreign technology into the test. Disclosure of information in the product recall, the authors believe that the rapid and efficient information-gathering system to enable product manufacturers to make quick response to accidents and thus cost as much as possible to reduce the...