Research On Recall System Of Defective Products

With the development of the science and technology and the degree of the complication of the product,a great deal of safe problems in public have appeared because of defective product.The campaign is stinging in market and the enterprises generally research and develop new products, and accelerate the speed of production.Hoping to dominate the market, the enterprises try their best to shorten the time that new products appear in the market.The possibility of technological risk and defect products increases as new products not have been fully tested.Facing enterprises that purse the greatest interests,the consumer are the disadvantaged groups and hardly get the rational rights and benefits because of many reasons such as asymmetric information,so comes the defective products recall system.The United States is the first one who produced defective product recall system,such a system with its own unique social interests of public safety and consumer protection functions of the developed countries in the West have widely expanded to Japan,South Korea,Canada,the United Kingdom and Australia and other countries,after years of development, has become gradually perfect.China has published the law of The Recall Management Regulation on the Defective Child Top Recall Management Regulation,The Regulations on Administration of Recalling System(Draft) is to solicit opinion from the general public.But so far there is still no comprehensive system of recalling on the aspect of law.There are four parts in this article:The first part is about the basis problem of law system of defective product recall.In this part the writer introduces the origin,concept, and characteristics of the recall system and compares it with other similar concepts and systems such as three guarantees,regain by force.Finally,points out that the system is applicable to the systematic defectives.The second is the theory of law system of defective product recall. The theory question about the defective product recall system mainly involve necessary,the law territory attribute,the theory basis which the defective product recall on and so on,all these established a theoretical principle for the research of recalling system.The third is the introduces the research of law system of the product recall in the developed countries.It mainly focuses on recall system in representative countries,such as America,Australia,UK,France and Japan and generalizes the enlightenment for China.The fourth is constructing the law system of defective product recall of our country.It analyzes the present legislation condition in our country,and provides some suggestions to the consummation of the system.