Research On Legal System Of Defective Products Recall

The defective product recall system is a legal system which aims at safeguarding the quality of products and protecting the consumers'rights and interests, so it is very important in economic law, and it belongs to one kind of economic law system which aims at protecting the public interest. Moreover, the inherent characteristic of the defective product recall system is taking preventive measures, which makes it distinguishing with subsequent damage compensate principle. As a result, the research on legal system of defective products recall has important practical significance. Through adopting the method of comparative analysis and drawing on the successful experiences of the defective product recall system in foreign countries, the paper pointed out the problems existing in the defective product recall system and also put forward corresponding countermeasures.This paper has four chapters. The first chapter focused on the defective product recall system and its evolvement. It at first briefly introduced the definition of the product recall system at home and abroad, and compared as well as analyzed the concept of the defective products recall in China. And then, it summarized the characteristics and significance of the defective product recall system. The meaning of the defective product recall system determines its inherent social function of prevention, significance and characteristic, etc. It mainly recalls the defective products, that is, the products which exists potential threat to consumers and their property. At last, it demonstrated the history of the defective product recall system, and traced its development at home and abroad.The second chapter reviewed the defective products recall system of foreign countries which is represented by England, German and America. By investigating as well as analyzing their relatively mature and perfect system, it summed up the successful experiences and got five helpful inspirations, so as to bring a salutary lesson to the current product recall system at home.Chapter three chiefly analyzed the legislative status quo and defects of the defective product recall system as follows: the current legislature is at a lower status and lack of maneuverability; the types of the recalled products are fewer and the involved extent is narrow; the supervision authorities do not have a clear division of responsibilities; the person who are in charge of recalling do not have a clear responsibilities, and lack of deterrence; the new problems exist in practice.Based on the five defects mentioned in chapter three, the last chapter put forward five advices as follows: making the legislative system of the product recall system to be more perfect, which includes the current relevant laws and enacting the specialized product recall law; appropriately expand the type and scope of the recalling products; rebuilding the division of responsibilities of the supervision authorities; making the recall duty to be definite and establishing the punitive damages mechanism; achieving humanization of the recalling way and transparency of the recalling information. Finally, it made a summary and pointed out the development direction of the defective product recall system, and hoped the present research can benefit in making the defective product recall system to be more perfect.