Legal Considerations Of China's Product Recall System

Product Recall System is the repair, replacement, recovery or restitution of defective products when identified by the manufacturers and sellers of the products according to the specific circumstances of product recall procedures under the supervision of government authorities, aimed at eliminating the risk of defective products to ensure the consumer's personal and property security. The United States is the first to implement the defective product recall system. France, Britain, Japan and other countries have conducted the system for a long time. Their successful experience is worth learning from. With the development of China's market economy, there is some discrepancy between product liability system and the requirements of the development of China's market economy.The present thesis aims to discuss the status of China's product recall system as well as problems, and on this basis through the analysis and comparison of the product recall systems of some representative countries, such as the United States, Britain and Japan. Bases on the analysis, the thesis proposes some specific measures and suggestions on China's product recall system. The specific content of the article is divided into four parts as follows:Chapter I is an overview of the product recall system. It introduces the concepts related to defective products, the emerge and roots of the product recall system and also its types.Chapter II analyzes a number of legal issues on the product system, illustrating the role and legal nature of the product recall system.Chapter III gives an overviews the product recall systems of some foreign countries and areas. This chapter focuses on the content of the product recall system of the United States, especially its procedures and punitive damages, and at the same time gives a brief introduction the product recall systems of other countries (regions).Chapter IV is an introduction of the status quo of China's recall system, and makes some suggestions to improve it. China's product recall system does not achieve good results because of the lack of punishment and restraint mechanisms of our existing product liability system and the not enough scientific and rational definitions of product defects. What is in great need is to develop the defective products recall law, design punishment systems, standardize the definitions of defective products, expand the scope of the recall targets, so that the product recall system can run effectively to better protect consumer rights and public safety.