Research On Recall System Of Defective Products In Our Country

In the 1960s, along with the movement of consumer's rights and interests protection surging upward, the United States Congress had issued "National Transportation and Act of Vehicle Security". This bill expressly points out that the automobile manufacturers are on the duty to recall defective vehicles. It indicates that the recall system of defective products had been set up. Subsequently, the scope of recalling expanded to food, medicines, cosmetics , and the field of other daily necessities which related closely to people's lives. Other developed countries also established recall systems of defective products after the US. In recent years, the system in our country has been bulid initially in the industry of automobile,food, medicine and children's toy.But some problems still exist in practice because the construction of recall system of defective products in China was just started.This article draws out the correlative problems through two pieces of typical cases. It points out the significance of establishing the recall system in our country by introducing relevant concepts. On this basis and the combination of cases, this paper analyzes the present status and implementation of relevant legislation, and brings up specific suggestions to consummate recall system of defective products . In this paper, the specific part of the contents including the followings:The first chapter of this paper is an overview of recall system of defective products. This part sets out the concept of flaw and recalling, the classification of flaw and recalling, and then points out that it's significant to consumers, businesses and society by establishing a perfect recall system of defective products.The second chapter of this paper analyzes the present situation of recall system of defective products in our country. This part introduces the present situation of the defecive products' legislation and implementation in China.On this gound,the paper points out that there are several problems in our country's system. The third chapter proposes the countermeasures and suggestions to improve our country's recall system of defective products. First of all, it must abandon the double standards in present, take the unsafe standard as the sole criterion when defective products are jugded. Secondly, we have use the concept of product provider by learning from the legislation in German and let producers, importers, distributors and other operators undertake the obligations of recalling, so that who have to undertake the obligations of recalling are no longer limited to producers. Furthermore, the angency which is in charge of recalling defective products must be cleared,and the situation that General Administration of Quality Supervision is the unique management organization must be changed.Let other relevant departments be responsible for recalling the products in some professional industry. In addtion, we should introduce the mechanism of punitive compensation and enlarge the legal liability when someone violate legal responsibilities on recall system of defective products. In the matching system aspect, we may establish insurance system on recalling defective products in order to disperse the enterprises' operational risk and sharpen enterprise's solvency margin, thus the rights and interests of consumers can be protected well and the social public security can be maintained .