The Administrative Supervision Research Of Defective Product Recall

With China's economics rapid development and Chinese people's living standard constant improvement, defective product recall management system (DPRMS) has been established. This product safety management means is international practice and effective. The establishment and implementation of DPRMS not only protect consumers'legal rights and personal property security, impel enterprise to improve product quality, improve society honesty and norm industry development, but also promote government function transformation, exert government public services and social management. So, it's a good measure to promote the product safety management system. However, to analyze and reference mature foreign product recall system, research and rearrange China current administrative supervision of defective product recall, especially to comprehend the administration mode of product supervision between central and local government, and understand product quality management status of mainly consumer goods are very important to enhance the level of DPRMS in our country.Defective product recall management system (DPRMS) is exotic, the implementation time of DPRMS in our country is very short, so there are few further researches about this system. After being joint released "Defective Vehicle Products Recall regulations" by General Administration Quality Supervision, Inspection and Quarantine of the People's Republic of China, National Development and Reform Commission, Ministry of Commerce of the People's Republic of China and General Administration of Customs of the People's Republic of China in Oct.1st,2004. China has successively promulgated "Children's toys recall regulations" and "Food recall regulations". The implementation of these regulations is very useful to enhance products quality and safety, protect consumers'health, and norm industry development. But, because of the short establishment time, whether on the aspect of practical effect, nor on the legal aspect, these regulations can't meet the rapid development of market economy and society. So, how to play the role of administration executive functions and how to establish efficient, perfect DPRMS mode need for further exploration and research. Nowadays, some researches such as introducing foreign DPRMS and discussing the legal aspect of DPRMS have been proposed. However, combined with China's existing product quality and safety supervision system, studying how to improve the defective products recall system, promote monitoring mechanism for defective products, maintain public safety, and fulfill the relevant government departments for effective management of public affairs are still in short.This article is composed with four sections. First, carding the basic concepts of Defective Product and Product Recall system, analyzing the important means of researching products recall system, and introducing the highlights and research method of this thesis have been included in this section. Second, in this section, product recall administrative supervision mode of developed countries including USA, EU, Japan and so on will be understood and analyzed. After analyzing the role and function of administrative organs in defective product recall process, the experience and inspiration of developed countries' legality recall supervision will be also summarized. Third, China's existing product recall administrative supervision model will be introduced in this section. Combined with administrative supervision history of our country, and based on existing laws and regulations, this section of article will focus on consumer goods recall and indicate the advantage and disadvantage of existing administrative supervision mode. The last but not the least, according to China's current administrative system, integrated with general program and content of products recall supervision, some suggestions about perfecting DPRMS which suit for China's current national situation will be put forward in this part.