Research On Legal System Of Recalling Defective Products In China

The system of recalling defective products which was first introduced in the United States into the field of auto industry has gradually been adopted in a large number of other fields including consumer goods,foods,medicines,medical devices and cosmetics and also spread itself to a great many developed countries like UK,Canada, Japan,and Australia.By the implementation of this system,people in these countries find it a perfect guarantee of product quality and the rights and interests of consumers.Besides,it can not only heighten manufacturers' awareness of high-quality products but also make enterprises attach great importance to technological transformation and environmental protection.What's more,the order in market competition would also be standardized through the enforcement of this system.On the basis of these benefits mentioned above,it is of great practical significance for us to conduct researches on the system of recalling defective products in our country.According to the definition of the related systems of recalling defective products in our country,this dissertation has differentiated and analyzed the rules and regulations in recalling the defective products and their correlative legal issues,probing their functions and practical values upon the social relief,enterprise development and the governmental supervision.Based on the investigations into the legislative status of the system of recalling defective products in China and advanced examples in overseas countries,the author has found out that there exist,in our country,deficiencies in this system and obstacles on the road of its implementation.The limitations mainly lay in the low-leveled disunited legislations,the unclear rules and so on;while the major obstacles are placed on irregular market access supervisions,absence of accrediting bodies and overlapping and intercrossing of the functions of government. The author has brought forward the methods for the renovation of the system of recalling defective products in our country in order to reduce the limitations as well as removing the obstacles.To achieve this goal,all that we have to do is have a clear identification of the exact products to recall,a unified standard to affirm the defective products,a strong principle of the attribution of responsibility,and also a product-recalling -supporting system and its procedure.By utilizing methods including comparative analysis,integrative induction,the author of this thesis has carried out researches,from a legal point of view,on the systems of China's recall of defective products with the hope of urging them to grow standardized and sound.