Study On Defective Product Recall System

With the process of global economic integration is promoted faster and faster and various of products are circulated in the world wide, at the same time, and damage of consumer caused by the defects in many aspects such as product design, manufacturing, warning is also increasing. There have been established the defective product recall system in developed countries, in which the United States was the first one to establish it, and the system developed relatively mature and improvement in the United States after several years of implementation.At present, there are specific provisions on the recall introduced in 2004 in China, "The Administrative Regulations On The Defective Automobile Products Recall", in 2007 introduced "The Management Regulations On Food Recall" , "The Management Regulations On Children's Toy Recall" and "The Management Measures On Drug Recall ", but these are departmental regulations,and legal position is lower. In April 2009, "The Defective Product Recall Management Ordinance" (draft) was sent to the public for amendments by the State Council Legislative Affairs Office , it will be the first recall of the defective product administrative regulations in China if the Ordinance passed. With the development of the economy and in order to meeting the demand of development of international economy, it is particularly critical that establishes and perfects recall system in China, not only helps maintain the public security and protect the legitimate rights and interests of consumers, but also for technological advancement, enhancement of the international competitiveness of enterprises.In this paper, based on invesigating and concluding the defective product recall system in the United States, Australia, France, Japan and other countries, the auther analyzes the current legislative situation and problems of the defective product recall system of our countruy, and proposes some advises on the construction of defective products recall system and its supporting measures. In addition to the preface and epilogue parts,this dissertation is divided into four chapters.Chapter 1 is an overview of defective product recall system, mainly expounds the concept and differences with related concepts of the defective product recall system . Chapter 2 is about the consideration and analysis of the defective products recall system abroad. This section focuses on introducing the defective product recall system of United States, including the competent authorities and detailed recall procedures, investigting the recall system of some other countries such as Australia, France ,Japan and so on as well. The author analyzed and summarized these countries'defective product recall system in common, in order to learn from each other, to provides a useful reference to establish and perfect the defective product recall system of our country.Chapter 3 is about the analysis of the current legislative situation and problems in defective product recall system of our country. Through the introduction of legislation on recall, we can conclude that there are many problems existing in the defective product recall system, such as the lower level in legislative effectiveness,deficiency of universal applicability,the underweight of liability, difficult to undertake of efficacy of law and so forth.Last chapter 4 is about the contents that should be explicit in establishing the defective product recall system and the proposal in founding supporting measures. In this part the auther analyses the necessity of the recall system which established in China and the legislative principles of it, proposes the content that necessery to establish the defective product recall system and the supporting messures should be have that can implementate this system better, elucidated the " The Defective Product Recall Management Ordinance " (draft) in brief. The auther suggests that legislature should amende and improve "The Product Quality Law", "Consumer Right And Interests Protection Law" and other laws and regulations at present, the defective product recall should be included, make " The Defective Product Recall Management Ordinance ", a series of product recall managenent regulations, local laws and regulations inform a relatively complete legal system on recall defective products, in order to ensure the implementation of the defective products recall system in our country.