Research On Legal Issues Concerning Recall System Of Defective Products

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.Now our country expands its applicability to more products step by step,and the general rules of the recalling system will be promulgated,so drawing the advanced product recalling experiences from advanced countries and analyzing our country's theoretical problems are very important to Chinese economic growth,society safety and government reforming.The text is divided into four chapters and describes this questions altogether.The part of foreword has explained that the developing status of the Chinese defective product recalls system legislation.Chapter one has introduced some fundamental theoretical concepts about defective product recall system.The article has expounded the legal meaning of recalls,product and defects,and has explained the difference and relation between other close concepts.Chapter two has analyzed legislative and practice state of the recall system in foreign countries.The article has analysis the recalling system between common law system and civil law system,and the mainly introduces the recalling system of American.Chapter three has discussed on the necessary theoretical analyses,including the law character of defective product recalling responsibility,the relation with our country's product responsibility system,and the necessary of the introduce of punitive damages to recalling system.Chapter four has brought forward some suggestions to the recalling system,in order to improve the present system and integrate recalling responsibility system with our legal system.The conclusion of the text has remarked that improvement of the recalling system will be depended on a deeply social reform and an improvement of the people's legal conception.There is a long way to go.